Justice Renuka Yara's recent decision allows a new General Power of Attorney (GPA) holder to continue a case about property possession and money recovery. Let's break down what happened.
E. Bhanu Prakash, living in the USA, filed a case through his father, E. Prabhakar, using a GPA. The case was about getting back a flat in Hyderabad and some money. Unfortunately, Prabhakar passed away in 2019, and Bhanu needed a new GPA to manage the case.
"The case was filed by E. Bhanu Prakash through his father as GPA, and when his father died, the said GPA was automatically canceled."
After his father's death, Bhanu appointed his uncle, E. Satyanarayana, as the new GPA. But due to his uncle’s illness, Bhanu switched again, appointing his brother-in-law, Prithvi Raj Kathuri, in 2022.
The trial court rejected Bhanu's request to appoint Prithvi as the new GPA holder. They referred to a Supreme Court case, saying the new GPA couldn't provide evidence. Bhanu’s side argued that the GPA holder was just there to manage the case, not to testify.
"The request is filed only to handle the case based on the GPA dated 22.08.2022, but not to provide evidence."
M/s Anjali Constructions, represented by its Managing Partner, Sri S. Kameshwar Rao, along with Sri J. Subhash, Sri Raju, and Sri Naveen Kumar Arya, questioned the validity of the new GPA, saying the previous one wasn't officially canceled. They also doubted if the new GPA holder knew enough about the case.
"It is stated that the request is unclear about the GPA holder witnessing the transaction and knowing the facts of the case."
Justice Renuka Yara overturned the trial court's decision, allowing Bhanu's brother-in-law to continue the case. The judge noted that it's common to switch GPAs when needed and that the new GPA holder could manage the case.
"Considering the usual practice, since there is no legal requirement to cancel the earlier GPA, there is no need to file such a document."
The court's decision allows E. Bhanu Prakash to continue his legal battle from abroad, using a trusted family member to handle proceedings in India. This ruling highlights the flexibility allowed in legal representation through GPAs.
