Vinayak Laxmanrao Hiwale v. Gulabbai Ramrao Gaikwad
Case brief
What is this about?
Second Appeal No.371 of 2023 (with Civil Applications Nos.8708 of 2023, 927 of 2025 and 1184 of 2025), High Court of Judicature at Bombay, Aurangabad Bench, decided 06.02.2025 (reserved 28.01.2025) by S.G. Chapalgaonkar, J. Parties: Gulabbai Ramrao Gaikwad (appellant/original plaintiff, through GPA Vinayak Laxmanrao Hiwale) v. Sanjay Baldevdas Shah and others; counsel: V B. Madan and V.N. Rathod h/f R.S. Potdar for applicant/appellant side; Anand Bhandari & R.F. Totla (respondents 15, 16); Ajit B. Kale (respondent 16 / 17). Subject-matter: withdrawal of second appeal at instance of original plaintiff; transposition of general power of attorney holder as appellant refused; power of attorney confers only authority to conduct litigation, no proprietary interest; revocation of GPA by legal notice dated 8.10.2024 and paper publication (dates 25.10.2024 and 26.10.2024 appear at different places); agreement to sell dated 11.9.1988 by Motilal Dwarkadas/Dwarakadas Saraf for Rs.2.00 Lakhs; specific performance suit RCS 459/2012 and appeal RCA 50/2021 dismissed; argument invoking section 54 Transfer of Property Act and Supreme Court decision Ghanshyam Vs. Yogendra Rathi (2023) 7 SCC 361 (cited by counsel); suit property gat/gut no.57, village Satara. Outcome: CA 927/2025 allowed, SA dismissed as withdrawn, CA 1184/2025 rejected.