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november 2024

Supreme Court of India · 2024-11-22

Ramakant Ambalal Choksi vs Harish Ambalal Choksi

Citation / case number
2024 INSC 910
Court
Supreme Court of India
Petitioner
Ramakant Ambalal Choksi
Respondent
Harish Ambalal Choksi

Judgment text excerpt

The Supreme Court granted leave and addressed the appeal against the Gujarat High Court's order that set aside the trial court's injunction under Order 39 Rules 1 and 2 of the CPC. The plaintiffs sought a declaration and cancellation of a sale deed executed by the defendant, claiming the power of attorney did not authorize the sale of the property. The Court emphasized that the intent behind the power of attorney was limited to administrative functions, not to transfer ownership, thereby reinstating the trial court's injunction.

Ramakant Ambalal Choksi vs Harish Ambalal Choksi · Niyam