Final Order 1

Order Details: Other
Pdf Text: Daily Status
IN THE COURT OF :COURT 65 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0101600/2019
Rikhabchand Vachhraj Mehta Vs Jeevraj Mishrimal Bokadia
Date : 07-07-2025
Business : Adv. K. S. Tripathi for plaintiff present. None for defendant
present. Heard, Learned Adv. for plaintiff on merits of
Chamber Summons No.1600/2019. The plaintiff has claimed
that the original indenture of conveyance dated 13/04/2000
and special POA dated 08/03/2004 executed by plaintiff in
favour of original defendant (Jivraj Bokadiya) and are in the
custody of original defendant and are necessary for the final
adjudication of the subject matter in the suit on merits before
this court. Therefore, the plaintiff had served notice dated
13/07/2019 u/s 66 of Indian Evidence Act upon original
defendant for production of said original documents on record
of this proceeding along with the copies thereof and has also
served notice dated 25/03/2019 for calling upon the original
defendant to admit the genuineness and correctness of true
copy of said documents produced on record along with the
plaint. It appears that neither the original defendant has
produced the original documents on record nor has been any
reply to notices issued neither has been any reply to admit or
deny a genuineness of document being filed by the defendant
till date. In such circumstances considering that the suit has
been filed for seeking declaration that special POA dated
08/03/2004 is null, void and canceled and for perpetual
injunction to restrain original defendant and his LRs from
acting on the basis of the said special POA for sale, mortgage,
charge, exchange, lease etc. of the suit property on behalf of
the plaintiff, the said original document need to be brought
before the court for consideration about the reliefs whether
can be granted and the effects thereof. Hence, the Chamber
Summons No.1600/2019 is hereby allowed. The original
defendant and now his LRs is directed to produce on record
along with true copies, the special POA dated 08/03/2004 and
original indenture of conveyance dated 13/04/2000 till next
date of hearing.
Nature of Disposal : ALLOWED
Disposal Date : 07-07-2025
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