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1976 Supreme(SC) 258

A.C.GUPTA, P.K.GOSWAMI, Y.V.CHANDRACHUD
Shankar Gopinath Apte – Appellant
Versus
Gangabai Hariharrao Patwardhan – Respondent


Advocates:
B.D.BAL, J.VAD, Manju Jetley, P.H.Parekh, S.B.VAD, U.R.Lalit

JUDGMENT

CHANDRACHUD, J.:—This appeal by special leave arises out of an order dated February 6, 1975 of the Bombay High Court dismissing First Appeal No. 13 of 1975 summarily. That appeal was filed by the appellant, Shankar Gopinath Apte, against the decree passed by the learned II Joint Civil Judge, Senior Divison, Poona in Special Civil Suit No. 107 of 1968. That suit was filed by the respondent, Gangabai Hariharrao Patwardhan to recover the amount that may be found due to her on taking accounts from the appellant and for an injunction to restrain the appellant from obstructing her in the enjoyment of the suit property. Alternatively, the respondent prayed for a decree for possession of the suit lands.

2. The suit property consists of 3 agricultural lands bearing Survey Nos. 98/1-1, 98/1-2 and 99, admeasuring in all 54 acres and 20 gunthas. The lands are situated in a village called Kiwale in Pune district.

3. These lands belonged originally to the respondents husband who died on February 20, 1960 leaving her as his sole heir. On December 29, 1961 a power of attorney was prepared for being executed by the respondent in favour of Western India Trustee and Executor Co. Ltd., Satara.

















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