- 1 - 31.nms.1119.11 s.635.11 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1119 OF 2011 IN SUIT NO. 781 OF 2011 Ramkrishna Digambar Dharurkar ..Plaintiff -Versus- Abhay Ramkrishna Dharurkar & Anr. ..Defendants .......... Mr.Harish R. Pawar for the Plaintiff. Mr.Parag Kale for Defendant No.1. .......... CORAM : S.J. VAZIFDAR, J. DATE : 29TH SEPTEMBER 2011. P.C. 1 Defendant no.1 purports to have sold the plaintiffs, flat to defendant no.2 acting under a power of attorney dated 20th February 2001 issued by the plaintiff to defendant no.1. Defendant no.1 is the plaintiff’s son. 2 The power of attorney did not entitle defendant no.1 to deal with the suit flat. Whether the sale was effected by defendant no.1 with the consent of the plaintiff or not, is a matter which must await the final hearing of the suit. - 2 - 31.nms.1119.11 s.635.11 3 Pursuant to the ad-interim order dated 9th August 2011, defendant no.1 tendered the power of attorney dated 20th February 2001 in Court. The same shall be retained by the Prothonotary and Senior Master in a sealed cover. 4 The Notice of Motion is disposed of by the following order : (i) The Notice of Motion is made absolute in terms of prayers (a), (b) and (e). (ii) The power of attorney shall be retained by the Prothonotary and Senior Master. Costs of the Notice of Motion shall be costs in the cause. -