1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5696 OF 2009 Kaluram Dattatraya Kad........ Petitioner versus Atul Kanhaiyalal Surana ........Respondent. Mr. Vineet Naik i/b.S.R. Kulkarni adv. for the Petitioner Mr. R.D. Soni i/b. M/s. Ram & Co. adv. for the Respondent. CORAM: A. P DESHPANDE, J. DATED : 17th November, 2009. P. C.: 1. After hearing the learned counsel for the respective parties at length, the counsel for both the parties are in agreement that the impugned order passed by the trial court be modified to the extent that the agreement (visar pavati) shall not be construed as a deemed conveyance at this stage for the purpose of stamp duty and the question as to whether the Visar Pavati constitute deemed conveyance under Article 25 explanation 1 of the Bombay Stamp Act shall be adjudicated by the trial court at the time of final judgment in the suit in the light of the evidence adduced by the parties to the suit. In view of the concession made available by the learned advocates, I modify the order passed by the trial court dated 10-6-2009 and leave the question as to whether visar pavati 2 is a deemed conveyance or otherwise open for final decision in the suit. Needless t state that all contentions touching the merit of the matter are left open to be agitated by the parties in the suit. Writ Petition is thus disposed of. Interim relief also stands vacated. (A. P. Deshpande, J.)