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2019 Supreme(Guj) 186

B.N.KARIA
Manubhai Chhotabhai Patel – Appellant
Versus
Manubhai Motibhai Patel-Died-Through His Heirs And L. R. – Respondent


Advocates Appeared:
For the Petitioner: Mr. K.v. Shelat
For the Respondent: Mr. Yatin Oza For Mr. M.c. Barot

JUDGMENT :

1. Rule. Learned Senior Counsel Mr. Yarin Oza for learned advocate Mr. M.C. Barot waives service of notice of rule on behalf of the respondents.

2. By preferring this application in Second Appeal No.202 of 2015, the appellant has requested to frame following additional substantial questions of law:

E. In light of the facts and circumstances of the case whether the interpretation of terms and statements made in irrevocable power of attorney dated 29/3/1989, and the conclusions so arrived by the lower courts are illegal, misreading of POA, and perverse in its approach on the fact of the terms of the irrevocable POA, having regard to the true intent rights and obligation arising from various clauses of the POA including the right to deal with and register document in the office of the sub-registrar by admitting such execution?

F. Whether in a case of irrevocable joint power of attorney given by two co-owners (mother and son), such irrevocable power of attorney gets terminated automatically on the death of mother (co-owner) and that too when the other co-owner (son) becomes absolute owner as per the revenue record?

G. In absence of any legal termination of irrevocable general pow

















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