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2015 Supreme(Bom) 1442

K.R.SHRIRAM
In Re: Maooli Land Developers – Appellant
Versus
. – Respondent


Advocates:
Advocate Appeared:
For Appellant : G.S. Godbole, Shailendra Kanetkar.

JUDGMENT

K.R. Shriram, J.

1. The plaintiffs have filed this suit for a declaration that the plaintiffs are the owners and are in possession of the suit property and also for declaration that the agreement for sale executed on 23rd January 1983 by one Devubai Thakur in favour of one Taukirahmed Mohammed Hanif Khan, i.e., defendant No. 1 is null and void and not binding upon the plaintiffs. The plaintiffs also seek a declaration that the agreement dated 22nd January 1988 executed by defendant No. 1 in favour of one Govind K. Bardricha, i.e., defendant No. 5 is null and void and not binding upon the plaintiffs. The plaintiffs are also challenging an order passed by the Additional Commissioner, Konkan Division on 17th July 2004.

The subject matter of the suit is a property admeasuring 6168.08 sq. yards or thereabout situated at Dahisar, Borivali Taluka, Mumbai Suburban District (for brevity as 'the suit property').

All the plaintiffs had executed a development agreement and an irrevocable general power of attorney both dated 3rd September 2005 and both registered on 11th November 2005 whereby the applicants claim to have been put in possession of the suit property. As per the power of atto






































































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