Ramrao Ganpatrao Mudholkar v. Vijay Tulshiram Patil And Others

SA565-12.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

Second Appeal No. 565/2012 (Ramrao Ganpatrao Mudholkar .vs. Vijay Tulshiram Patil and ors. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Mr. V.D. Darne, Advocate for Appellant.

Mr. S.C. Bhalerao, Advocate for Respondents 1 & 2. CORAM : A.V. Nirgude, J.

DATED : April 07, 2015.

This second appeal challenges the concurrent findings of the Courts below that the appellant/original plaintiff had executed a registered power of attorney in favour of his brother Ramkrushna permitting him to sell joint property. Accordingly in 1994, Ramkrushna with the help of the registered power of attorney sold the suit plot. Belatedly in 2001, the appellant filed this suit and asserted that he had not authorised his brother Ramkrushna to sell the plot.

The respondents/defendants/purchasers came with a case that they verified from the registered power of attorney document that Ramkrushna was authorised by the appellant/plaintiff for entering into the transaction. The suit thus failed, even the appeal failed. The appellant cannot show me any substantial question of law. Dismissed.

JUDGE halwai