The construction of a power-of-attorney, based on which sale
deed has been executed, falls for consideration in these appeals.
2. Two suits were tried together. O.S.No.103/2008 was for
mandatory injunction and O.S.No.234/2008 was for partition.
O.S.No.103/2008 was decreed concurrently, while O.S.No.234/2008
was dismissed. Two appeals were filed by the plaintiff in
O.S.No.234/2008 and defendant in O.S.No.103/2008. These appeals
were allowed by judgment dated 07.03.2012 by this Court permitting
the plaintiff in O.S.No.234/2008 to amend the pleadings and adduce
evidence afresh. The said order was challenged by the plaintiff in
O.S.No.103/2008 before the Hon’ble Supreme Court by Civil Appeal
Nos.4241-4242 of 2016. By order dated 19.04.2016, the judgment of
the High Court was set aside and the matter was remanded back to
this Court for fresh consideration and hence, these appeals are listed.
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