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2016 Supreme(MP) 49

ALOK ARADHE
Sharmila Tagore – Appellant
Versus
Azam Hasan Khan – Respondent


Advocates:
Rajesh Pancholi for petitioners; H. Ruprah for respondent No.1; Rajeev Mishra for respondent No.2; Janvhi Pandit, Deputy Government Advocate for respondent No.4.

ORDER

1. In this writ petition under Article 227 of the Constitution of India the petitioners have assailed the validity of the order dated 16.7.2015, by which, the lower appellate Court has rejected the powers of attorney executed by the petitioners.

2. Facts giving rise to filing of the writ petition, briefly stated. are that the respondent No.1/plaintiff filed the suit seeking the relief of declaration and permanent injunction. The dispute in the suit involves land admeasuring 2.20 acres. The petitioners on receipt of notice entered appearance through their power of attorney in the aforesaid suit before the trial Court. It is pertinent to mention that no objection on behalf of respondents ast any point of time was taken with regard to power of attorney. The trial Court vide judgment and decree dated 7.4.2015 dismissed the suit. Being aggrieved, the respondent No.1 filed first appeal against the aforesaid impugned. judgement and decree. The petitioners entered their appearance through their power of attorney before the lower appellate Court. The lower appellate Court directed the counsel for the petitioners to produce the original power-of-attorney, which was produced on 16.7.201





















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