H.R.PANWAR
Dilip Kothari – Appellant
Versus
State of Rajasthan – Respondent
(2). I have heard learned counsel for the parties. Carefully gone through the FIR and the Police INvestigation Diary.
(3). The facts and circumstances giving rise to the instant petition are that the non-petitioners No. 2 to 5 (for short `the complainants hereinafter) purchased land bearing Khasra No. 130 in village Mogada, Tehsil Luni, District Jodhpur which was titled as Plot No. 7 and divided in four plots, by a registered sale deed executed by one Vinod Kashyap who is power of attorney holder of Mohd. Asif and Mohd. Arif. After purchase of the said four plots which were originally plot No. 7, the complainants came to know that the said plot No. 7 has already been sold by Mohd. Asif and Mohd. Arif to present petitioner Dilip Kothari by a registered sale deed dated 4.9.96, whereas the power of attorney holder of Mohd. Asif and Mohd. Arif i.e. Vijay Kashyap executed the sale deed in respect of very plot by dividing in
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S.W. Palanitkar vs. State of Bihar (2002) 1 SCC 241) 5
Pepsi Foods Ltd. and Another vs. Special Judicial Magistrate and Others (1998) 5 SCC 749) 5
G.V. Rao vs. L.H.V. (2000) 3 SCC 693) 8
P.K. Narayanan vs. State of Kerala (1995) 1 SCC 142) 17
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