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J. C. DOSHI
Sanjaybhai Lakhabhai Oderdra – Appellant
Versus
Mineshbai Bhogilal Patel – Respondent
JUDGMENT :
Rule. Learned Advocate Mr.Viral K Shah, for respondent No.1 waives service of notice. Respondents No.2 and 3 though served have chosen not to appear.
2. Order dated 11/12/2021 passed below Exh.1 in Special Civil Suit No.116 of 2020 by the learned 7th Additional Senior Civil Judge & CJM, Ahmedabad (Rural) is sought to be challenged in the present petition under Article 227 of the Constitution of India whereby the plaintiff has been permitted to withdraw the suit unconditionally.
3. The facts of the case in nutshell are that respondents No.2 and 3 and their family are join owners of NA Land bearing revenue Block/Survey No.1 ad-measuring area of 0-54-63 H.Acre.Sq. Mtrs., and block/survey no.464 ad-measuring area about 0-02-34 H-Are – Sq. Mtrs., situated at Village Ambli, Tal. Ghatlodiya, Sub-District/District : Ahmedabad. Respondents No.2 and 3 appointed the petitioner as their power of attorney holder by giving all the power in respect of the suit land and other lands and while doing so petitioner credited Rs.10,00,000/- each in the account of respondent Nos.2 and 3. It is the case of the petitioner that after execution of the said power of attorney, petitioner executed an ag
The main legal point established in the judgment is that the plaintiff has an unqualified right to withdraw the suit unconditionally, and the defendant's objection to the withdrawal amounted to a mis....
The plaintiff has an absolute right to withdraw the suit unconditionally, and the defendant's application for transposition must be permissible under the circumstances. The defendant can raise their ....
The main legal point established in the judgment is that the absence of consent for withdrawal of the suit by the original plaintiffs, who had already assigned their rights and interests in the suit ....
The power of attorney holder was authorized to file and withdraw suits in respect of the property in question, and the plaintiff had an unqualified right to withdraw or abandon the suit under Order X....
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