Dr. Chittusinh Mohansinh Chauhan vs Manilal Babubhai Dhodi And Anr
2021 Latest Caselaw 4302 Bom

           Digitally signed
Jitendra   by Jitendra S.
           Nijasure
S.         Date:
Nijasure   2021.03.10
           14:51:53 +0530
                                                                39-fa-641-2020.doc

    jsn

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               CIVIL APPELLATE JURISDICTION

                           FIRST APPEAL NO.641 OF 2020
           Dr. Chittusinh Mohansinh Chauhan       ...Appellant

                       Versus

           Shri Manilal Babubhai Dhodi & Anr.                 ...Respondents

                                             ----------
           Mr. Nikhil Sakhardande, Senior Advocate i/b. Ashwin Thool
           and Akshay Mehta for the Appellant.
           Mr. Sanjiv Sawant with Abhishek Matkar, i/b. Abhishek
           Deshmukh for Respondent No.1.
                                             ----------

                                             CORAM :        K.K. TATED &
                                                            R.I. CHAGLA, JJ.
                                             DATE         : 9TH MARCH, 2021

           ORDER :

1. Heard learned Counsel for parties.

2. Both the counsel submit that they tried to settle the

matter out of Court, but it could not succeed.

3. By this First Appeal, the Appellant (Original Defendant)

is challenging the judgment and decree dated 28th January,

2020 passed by the Civil Judge, S.D., of Dadra and Nagar Haveli

at Silvassa in Special Civil Suit No.45 of 2011 declaring that the

Sale Deed of the suit property dated 15th December, 1999

39-fa-641-2020.doc

(Exhibit 64) is bogus, illegal and not binding on Plaintiff. The

Court also declared that the Power of Attorney (Exhibit 65)

executed in favour of defendant No.2 is false and the defendant

No.2 was not Power of Attorney holder of the Plaintiff.

4. Considering the submission made by the learned Senior

Counsel for the Appellant and the judgment and decree dated

28th January, 2020, we pass the following order:-

a) Admit.

b) The Appellant to fle private paper book within one

year from today, failing which the First Appeal shall stands

dismissed without further reference to the Court.

c) Registry is directed to call the Record and Proceedings

immediately.

d) Printing is dispensed with.

e) Learned Counsel for Respondent No.1 waives service.

     [R.I. CHAGLA J.]                   [K.K. TATED, J.]