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GAUHATI HIGH COURT
Mr. A C Sarma, ACJ, Mr. D Das, J
Manik Kumar Mushahary v. Dev Raj Owary
| Table of Content |
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| 1. overview of the case background, including the lawsuit and revocation of power of attorney. (Para 2 , 4) |
| 2. arguments representing both sides on the issue of injunction and revocation. (Para 5 , 6) |
| 3. judicial findings affirming the trial court's decision concerning exercise of discretion. (Para 7 , 8) |
1. Heard Mr. A C Sarma, learned Senior counsel assisted by Mr. B Haldar, learned counsel for the appellant. Also heard Mr. D Das, learned Senior counsel assisted by Mr. K Mahammad, learned counsel for the respondents.
2. The present appeal is filed under O.43, R.1 (r) of the CPC, 1908 assailing an order dated 06.04.2023 passed by the learned Civil Judge, Bongaigaon in Misc Case No. 16/2023 arising out of TS No. 19/2023.
3. The background of the present case:
I. The appellant as plaintiff instituted a suit being TS No. 19/2023 before the learned court of Civil Judge, Bongaigaon for cancellation of a Registered deed of Revocation bearing registration No. 02/52 dated 11.01.2023, whereby of an irrevocable power of attorney executed earlier by the Defendant on 16.03.2005 was cancelled. Alternatively a prayer for damages and compensation was made.
II. Along with the aforesaid s
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