Sau. Sagarbai W/O Rajkapoor ... vs Madhuri W/O Nilkanth Rotke (Dead) ...
2021 Latest Caselaw 9122 Bom

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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH, NAGPUR

                                  Second Appeal No.24/2021
            Sau. Sagarbai and another V Madhuri Rotke thr Lrs and others
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                                        Court's or Judge's Orders
or directions and Registrar's orders.
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                 Shri S.A. Marathe, Adv for appellants.
                 CORAM           : S.M. MODAK, J.

                 DATE            : 13th JULY, 2021.

                                  Hearing            was         conducted             through            Video

Conferencing and the learned Counsel agreed that the audio and visual quality was proper.

2. Heard.

3. Suit of the plaintiff for possession was dismissed by the trial Court. When the appellants came in appeal their appeal was allowed and the suit was decreed. The trial Court directed the defendants/ present appellants to hand over the possession of the suit property which consists of two rooms.

4. There is a contention that the suit was filed by the power of attorney holder of the original owner/plaintiff nos. 2, 3 and 4. The power of attorney holder of plaintiff no.1 died during pendency of the suit. His legal representatives continued the suit and also gave evidence. In fact they gave evidence without getting a fresh Power of attorney from defendant nos. 2, 3 and 4.

5. The appellate Court has blamed the defendant for not paying the consideration in time. According to the First Appellate Court, the appellants have not performed their part of the contract.

6. Whereas the plaintiffs have pleaded that the

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defendant took forcible possession of the suit property and for that purpose prepared all documents i.e agreement to sell by inserting a paragraph relating to hand over the possession. The First Appellate Court accepted this fact.

7. Issue notice before admission to the respondents, returnable after 4 weeks.

Civil Application (S) No.43/2021 The appellants apprehend that they will lose the possession if the decree is executed. The First Appellate Court has decreed the suit as per the judgment dated 26-11-2019. At this juncture, I am issuing notice to the respondents, returnable after 4 weeks.

2. If there is any urgency the appellants are granted liberty to move the Court.

JUDGE Deshmukh