M/s Pyramid Realtors vs Prabhakar S/o Gulabrao Bodkhe

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

BENCH AT NAGPUR
N.B. Suryawanshi, J
M/s Pyramid Realtors – Appellant
Versus
Prabhakar S/o Gulabrao Bodkhe – Respondent

Advocates:
For the Appellants/Petitioners: Shri M.G. Bhangde, Shri M.R. Johrapurkar
For the Respondents: Shri S.P. Dharmadhikari, Shri R.B. Dhore, Shri Anjan De

Table of Content
1. challenge to the validity of a sale deed executed through power of attorney. (Para 3 , 4 , 5)
2. court's analysis on limitation as a mixed question necessitating factual evidence. (Para 6 , 8 , 9 , 12 , 18)
3. arguments regarding knowledge of the sale deed and the actions of the agent. (Para 10 , 11)
4. fraud by agents negating imputed knowledge to principals. (Para 17)

JUDGMENT

1.Heard fnally at the admission stage with the consent of the parties.

2. Since both these civil revision applications raise similar question of law and facts, they were heard together and are being decided by this common judgment.

3. Both these civil revision applications challenge the order passed by 6th Joint Civil Judge, Senior Division, Nagpur below application Exh-32 in Special Civil Suit No. 384 of 2019 as well as order passed below Exh-27 in Special Civil Suit No.472 of 2019, thereby dismissing both the applications fled by defendant no.1/applicant, for rejection of plaint under Order VII Rule 11 with Section 9-A of the Code of Civil Procedure.

4. Brief facts of the case are that, non-applicants/ plaintiff Nos. 1 to 4 in both the civil revision applications, fled Special Civil Suit No. 38

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BENCH AT NAGPURN.B. Suryawanshi, JM/s Pyramid Realtors – AppellantVersusPrabhakar S/o Gulabrao Bodkhe – Respondent

BENCH AT NAGPUR
N.B. Suryawanshi, J
M/s Pyramid Realtors – Appellant
Versus
Prabhakar S/o Gulabrao Bodkhe – Respondent