PRITHVIRAJ RAMKISHAN AGARWAL Vs. RAJENDRAKUMAR RAMKISHAN AGARWAL

JUDGEMENT

(1.) Heard Dr. Saraf, learned Counsel for the AppellantsApplicants, and Mr. Patil, learned counsel for the Respondents.

(2.) This Second Appeal takes an exception to the 'Judgment and Decree' dated 26th April 2018 passed by the District Judge-4, Thane, in Civil Appeal No.195 of 2015, which was preferred against the 'Judgment and Decree' dated 21st August 2015 passed by the 5th Joint Civil Judge, Senior Division, Thane, in Special Civil Suit No.82 of 2011.

(3.) The said Suit was preferred by Respondent No.1 herein for a declaration that, the 'Power of Attorney' purported to be executed in the month of May, 2008 is illegal and bad in law, as the same was obtained by the Appellants with fraud and false representation. A further declaration was also sought that, the alleged 'Gift Deed' dated 26th May 2008, executed by Appellant No.1 herein in favour of Appellant No.2-the Original Defendant No.2 on the basis of the said 'Power of Attorney', is also illegal and, therefore, it should be cancelled and both the Appellants, i.e. Original Defendant Nos.1 and 2, be directed to handover peaceful and vacant possession of the suit property to Respondent No.1.