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GUJARAT HIGH COURT
ILESH J. VORA, J
JYOTSNABEN WD/O RATIBHAI MAGANBHAI – Appellant
Versus
VIJAYBHAI RAMESHBHAI PATEL – Respondent
| Table of Content |
|---|
| 1. appellants claimed a share in land, alleging a fraudulent power of attorney. (Para 1 , 2) |
| 2. appellants asserted that the power of attorney was obtained under false pretenses. (Para 5 , 6) |
| 3. trial court's discretion in denying an injunction found appropriate. (Para 9) |
| 4. court highlighted the significance of timely action in property disputes. (Para 10 , 11) |
| 5. the appeal was ultimately dismissed with no grounds to intervene. (Para 12) |
JUDGEMENT
1. This appeal from order is directed against the order dated 30.05.2011 passed below Exh.5 in Special Civil Suit No.83 of 2010, whereby the trial Court was pleased to reject the prayer of interim injunction sought by the appellants-plaintiffs.
2. The brief facts giving rise to file present appeal are that, the appellants are original plaintiffs, whereas, respondents are original defendants. The appellants-sisters filed a Special Civil Suit No.83 of 2010, claiming their ½ share in the disputed agricultural land bearing Survey No.1188/1. The appellants and other co-owners executed irrevocable power of attorney in favour of one Ritesh Hada-defendant no.2 in relation to the suit land and the power to sell the property was e
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