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1997 Supreme(Online)(Bom) 9

BOMBAY HIGH COURT
Mr. Chagla, J
Devkubai N. Mankar and Others v. Rajesh Builders and Others


Table of Content
1. facts of the appeal regarding property ownership and power of attorney. (Para 1 , 2 , 3)
2. argument on the scope of authority granted to the attorney. (Para 4 , 6)
3. interpretation of power terms and basis for decision. (Para 5 , 7 , 10)
4. court's ruling on the limitations of negotiation authority. (Para 9)
5. final conclusion and appeal decision. (Para 11 , 12)

1. This is an appeal of the successors of original defendant No. 2 from the order of the learned single Judge dated 3rd November, 1995 made in Notice of Motion No. 2284 of 1989 in Suit No. 2421 of 1983 refusing to set aside the interim order of injunction passed on 19-6-1984 in Notice of Motion No. 1953 of 1983 against their predecessor (original defendant No. 2 since deceased).

2. The relevant facts of the case, briefly stated, are as follows. The appellants (hereinafter, for the sake of convenience, referred to as "the heirs of Warli") are the heirs and legal representatives of one Madhya Pradesh Warli who was defendant No. 2 in the suit filed by M/s. Rajesh Builders, respondent. No. 1 herein. On or about 5th July, 1973, Mr. Warli, the predecessor of the appellants, had executed a power of attorney in fav





















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