RUHULAMIN ABDULLAH SAVADI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Respondent No.2the original complainant is the uncle of the present applicants. The father of the respondent No.2, had properties at village Bhagal. The properties, five in number were partitioned amongst, the five sons, including the uncle of the applicants (respondent NO.2) and their father as under:<FRM>JUDGEMENT_139_LAWS(GJH)8_2017_1.html</FRM>

(2.) It has further come on record that the complainant's son Sabedullah Hanif had tried to disturb the peaceful possession and title of the applicants herein in respect of the properties in question, as a result of which, the present applicant No.1 was constrained to approach the Police Inspector, Palanpur, by filing an appropriate complaint on 07.10.2010.

(3.) It is also apparent from the affidavit made in the application that taking undue advantage of the ignorance of the mother of the accused and the sister, the respondent No.2original accused obtained signature of applicant No.1, his mother and sisters. Power of Attorney so obtained was used to file an arbitration petition before the Bombay High Court purporting to settle business dispute between the complainant's brother Mohd. Yasin and the applicantsone of the accused before the Bombay High Court. It is the case of the applicants that, this arbitration petition was filed before the Bombay High Court under a forged Power of Attorney without authority of law. Before the Bombay High Court, the applicant No.1 filed an affidavit on 29.09.2010 categorically denying that they had authorized by any Power of Attorney for filing such an arbitration petition.