1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR APPEAL AGAINST ORDER NO. 39/2010 Subhash R. Mhaisne and another ..versus.. Natthu G. Kavre and another =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-== Mr. V.S.Bapat, counsel for petitioner/appellant. Mr. M.R.Kalar, counsel for respondent Nos. 1 & 2 C ORAM : K.U.CHANDIWAL, J. DATED : 9th JULY, 2010. Heard. 2) In a suit for specific performance of contract based on an agreement of sale dated 1st January, 2008, the plaintiff asserted to be in possession and sought injunction. The learned Judge on analyzing the revenue record, found that plaintiff though asserts to be in possession, it is not so. 3) Today, during the course of submissions, the learned counsel for the defendants/vendor has placed before me the Certificate for cultivation of cotton ensuing this season, showing such cultivation at the behest of the defendants. 4) In the light of these documents, prima facie it 2 appears that though the agreement of sale recites of handing over possession to the plaintiff, it could not be materially done. However, since the agreement provided certain rights of development or placing a board of the plaintiffs entering transaction, such board can be allowed to be installed by the plaintiff for the public at large about the transaction. 5) Considering the above stated facts, it also follows that the rights of the plaintiffs are involved having parted with earnest amount. Consequently, the order of injunction refusing in favour of plaintiffs is modified as under. 6) A.O. is partly allowed. The defendants shall not create third party right in relation to the suit property till disposal of the suit. The defendants shall allow the plaintiffs to install a board in the field for showing the transaction between the plaintiffs and the defendants. With costs. (K.U.Chandiwal) JUDGE. Rvjalit