FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

Second Appeal No. 293/2009

1. SHRI MAHENDRA S/O MAHADEO DESHBHRATAR AND OTHERS R/O NEW DIAMOND NAGAR, INFRONT OF JYOTI PRIMARY SCHOOL, NAGPUR

2. SHRI RAMCHANDRA S/O CHINTAMAN AWATHE R/O GANDHIBAG, JAGNATH BUDHWARI ROAD, NAGPUR

3. SAU. KAUSALYA W/O RAMCHANEDRA AWATHE R/O GANDHIBAG, JAGNATH BUDHWARI ROAD, NAGPUR .. PETITIONER/S

VERSUS

1. SHRI KAILASH S/O BHAURAOJI CHANDANKHEDE R/O NEW GADGE BABA NAGAR, NAGPUR .. RESPONDENT/S

Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

Mr. Samudra , Advocate for the appellant. Mr. R.M. Ahirrao, Advocate, for the respondent.

CORAM : SMT. VASANTI A. NAIK, J. DATE : AUGUST 10 , 2009.

The second appeal is admitted on the following substantial questions of law:

(1)Whether the appellate Court was justified in

holding that the agreement dated 21/8/2000

(Exh. 48) between the appellant no.1/defendant

no.1 and appellant nos. 2 and 3/defendant nos. 2

and 3 cannot be admitted in evidence as the same

is not duly stamped when the respondent/plaintiff

did not raise any objection when the said

agreement dated 21/8/2000 (Exh. 48) was being

exhibited in the evidence adduced by the appellant/defendant?

(2) Whether the appellate Court was right in granting a decree for specific performance of contract in favour of respondent/plaintiff in absence of plea that appellant nos. 2 and 3 had purchased suit property with notice of an agreement at Exh. 30 dated 20/12/2000 and that the sale in favour of appellant nos. 2 and 3/defendant nos. 2 and 3 was sham and only an arrangement?

C.A. No. 589/2009

Heard the learned counsel for the parties.

Shri Ahirrao, the learned counsel for the respondent, seeks a week's time. Time granted.

Matter may be listed on 17/8/2009.

JUDGE

RMP