1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. SECOND APPEAL No.558 of 2010 Dattatraya Namdeo Mhaske Versus Chandrakala w/o Bhimrao Shelke _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ Shri Abhay Sambre, Advocate for the appellant. CORAM : R.M.SAVANT, J. DATED : 15.02.2011. Admit, on the following substantial question of law:- Whether the Courts below were right in not decreeing the suit only on the ground that the agreement of sale is of 1 acre of land and therefore, hit by the provisions of Section 5(3) of the Bombay Prevention and Fragmentation Act, when Section 31 of the said Act provides for an application being made to the Collector for permission, and when the execution of the sale-deed could have been made contingent upon the parties obtaining permission of the Collector ? CIVIL APPLICATION NO.1049/2010. By the order dated 16-12-2010, notice came to 2 be issued to the respondent. None appears for the respondent though served. The interim relief granted by the order dated 16- 12-2010 is confirmed and would continue pending hearing and final disposal of the appeal. JUDGE pma