: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO.526 OF 2008 WITH CIVIL APPLICATION NO.602 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.Girish Godbole for the Appellant. Mr.Mohan Pungalia i/b Mr.A.M. Pungalia for Respondent Nos.1 to 8. CORAM : S.J. VAZIFDAR, J. DATED : 29TH SEPTEMBER, 2008. P.C. : 1. The impugned order warrants no interference. The alleged agreement is for purchase of about three acres of land in Nasik for a consideration of Rs.1,08,00,000/-. The agreement is alleged to have been entered into in August, 2006 and the oral agreement is pleaded. It is alleged that an amount of Rs.5,00,000/- and Rs.3,02,500/- were paid as earnest money. The amounts admittedly : 2 : were not paid by cheque or demand draft. They are alleged to have been made in cash. The alleged receipts are denied by the Respondents. It is difficult to accept that in these days an agreement to sell three acres of land was entered into orally and that the earnest money was accepted in cash. That the Appellant may have fixed deposit receipts is irrelevant as rightly noted by the trial Judge. There is nothing to indicate that the fixed deposit receipts were maintained towards the alleged transaction. 2. In the circumstances, the Appeal from Order is dismissed. The Civil Application is accordingly dismissed.