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2008 Supreme(Bom) 292

N.A.BRITTO
HARCHARANJIT SINGH THIND (Capt. ) – Appellant
Versus
DEEKSHA THIND – Respondent


Advocates appeared:
For appellant:S. K. Kakodkar, Senior Advocate with Rama Rivenkar
For respondent No.1:A, D. Bhobe For respondents No.2 to 5: Guru Shirodkar, Addl. Government

ORAL JUDGMENT:-

Admit. By consent, heard forthwith.

2. This appeal is directed against order dated 9-11-2006 by which the application for temporary injunction, filed by the plaintiff has been dismissed.

3. Some facts are required to be stated to dispose of the present appeal.

4. The appellant is the plaintiff in C.S. No. 47/2006 and shall be referred to as plaintiff, hereinafter. The plaintiff and defendant no. 1 (defendant, for short) were divorced by a decree dated 20-6-1998. The plaintiff executed a power of attorney in favour of the defendant on 13-9-2005, but revoked the same by a notice published on 12-10-2005, and again revalidated the same by another notice dated 10-12-2005.

5. The said power of attorney, had amongst others, the following clauses:

"9. To negotiate, agree to sell, dispose off or transfer by way of exchange, lease (whether permanent, for long or short period) the entire property or any part thereof, at such terms which may said lawful general attorney at her sole discretion deems fit and proper, with any person, whatsoever including herself and to enter into any agreement with the purchaser, to receive earnest money in her own name and to issue receipts thereof.

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