IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 276 OF 2005 Eknath Bhima Wagh & Ors. ...... ...... ...... Appellants V/s Mahadu Shankar Avhad & Ors. ...... ...... Respondents. Mr.Milind M. Sathaye, Adv. For the appellants. None appears for the respondents. CORAM: R.V. MORE, J. 11th DECEMBER, 2008. PC: Heard Mr.Sathaye, learned advocate for the appellants. None appears for the respondents though served. Admit. Following substantial question of law deserves consideration: 1) Whether bar under section 92 of the Indian Evidence Act be applied to oral evidence of the defendant in the present case when nature of the agreements dated 21.4.71 and 11.11.71 itself is in dispute. Hearing expedited. 11.12.08 (R.V. MORE, J.) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 529 OF 2005 IN SECOND APPEAL NO. 276 OF 2005 Eknath Bhima Wagh & Ors. ...... ...... ...... Applicants V/s Mahadu Shankar Avhad & Ors. ...... ...... Respondents. Mr.Milind M. Sathaye, Adv. For the applicants. None appears for the respondents. CORAM: R.V. MORE, J. 11th DECEMBER, 2008. PC: Since the second appeal is admitted on substantial question of law there shall be interim relief in terms of prayer clause (a) during the pendency and final disposal of the second appeal. Civil application stands disposed of. 11.12.2008 (R.V. MORE, J.)