Maruti Aba Chavan vs Vitthal Aba Chavan Decd Thr Legal ...
2021 Latest Caselaw 14195 Bom

                  sat                                                                         25. wp 6194-2021



                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CIVIL APPELLATE JURISDICTION

                                                WRIT PETITION NO. 6194 OF 2021

                         Maruti Aba Chavan                                           ...Petitioner
                               vs.
                         Vitthal Aba Chavan & Ors.                                   ...Respondents

                         Mr.Kuldeep V. Nikam for Petitioner.
                                                          CORAM : BHARATI DANGRE, J.

DATED : 30 SEPTEMBER 2021

P.C. :

. Heard Learned Advocate, Mr.Kuldeep Nikam, for the Petitioner.

2. The short point, which arises in the present petition, is: Whether merely on the pretext that the Plaintiff cannot speak and read Marathi language, can evidence be led by the Power of Attorney holder on the pretext that he is the real brother of the original Plaintiff?

Mr.Nikam has placed into service the judgment of the Apex Court in the case of Janki Vashdeo Bhojwani vs. IndusInd Bank1 where the parameters of the evidence to be led by the holder of Power of Attorney are set out and crystalised.

3. Issue notice to Respondent Nos.1(a) to 1(d), since they are contesting parties. Notice is made returnable on 27 October 2021 with an indication being set out that the matter shall be heard finally at the stage of admission. Private service of notice is also permitted.

                                                                         (SMT. BHARATI DANGRE, J.)


            Digitally
            signed by    1    2005 2 SCC 217
            SANSKRUTI
SANSKRUTI   A THAKUR
A THAKUR    Date:
            2021.10.01
            12:24:17
            +0530