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2022 Supreme(Guj) 1146

HEMANT M. PRACHCHHAK
Vimalaben Ramniklal Mehta – Appellant
Versus
Patel Valji Devji Vekriya – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Anshul N Shah, Mr S P Majmudar
For the Respondent: Mr Meet M Katira, Mr. Mrugesh A Barot

JUDGMENT :

1. Being aggrieved and dissatisfied with the judgment and order dated 21.8.2014 passed by the learned Civil Court in Regular Civil Suit No.336 of 2012 and judgment and order dated 15.12.2018 passed by the learned Additional District Judge, Bhuj – Kutch, in Regular Civil Appeal No.37 of 2014 the appellant has preferred present Second Appeal under Section 100 of the Code of Civil Procedure, 1908.

2. The short facts giving rise to present appeal are as under :-

2.1 The appellant herein is the original plaintiff and the respondents herein are the original defendants.

2.2 On 03.04.1989, the plaintiff purchased two plots being plot no. 23 and 24 by registered sale deeds. One Mr Navin Thakkar created a bogus and forged power of attorney who thereafter sold plot no. 23 to defendant no. 3 by registered sale deed and plot no. 24 to defendant nos. 1 and 2 by registered sale deed on 15.09.1993.

2.3 On 08.01.1996 both the plots were sold to defendant no. 5. On 28.10.2006, the plaintiff issued a notice in the newspaper about forged power of attorney and that buyers ought to be cautious

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