FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS WP/1997/2011 RAJENDRA VS SURESH ... 1. Heard Smt. Kazi, learned Advocate for petitioner and Shri Shah, learned Advocate for respondent. 2. The matter was heard yesterday and came to be adjourned to today. 3. Perusal of the impugned order reveals that the trial Court has refused to exercise jurisdiction available to it. The provisions of the Bombay Stamps Act are very clear and the Court cannot receive in evidence a document which is not duly stamped. An objection has been raised before the trial Court and the trial court has postponed its adjudication. The trial Court has also found that contrary to what is stipulated in document, the possession was/is not with the plaintiff. 4. The perusal of agreement dated 18.1.2002 reveals a specific assertion of delivery of possession to plaintiff by defendant on that day. In the light of this assertion, it is apparent that consideration of the trial Court cannot be upheld looking to the judgment of this Court reported at (2010) 5 Mh.L.J.990 (Bhupendrabhai Vs. Lilabai). 5. In view of the non-application of mind, the impugned order is quashed and set aside. Application at Exhibit 69, moved by the petitioner/defendant on 4.10.2010 is allowed. The trial Court to proceed further in accordance with law. No order as to costs. 6. At this stage, both counsel pray for expeditious disposal of the suit. The trial Court to attempt to decide the suit as early as possible and in any case till 29.2.2012. Dt.29.4.2011 (B.P.DHARMADHIKARI,J.) akl