: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.277 OF 2005 Pandharinath Shankar Kanaskar & ors. Appellants Versus Smt.Laxmibai @ Ranjanabai Maruti Kanaskar & Ors. .. Respnodents Mr.D.K.Ghaisas for appellants Mr.R.A.Thorat with Mr.U.B.Nighot for respndetn Nos.1 & 2 CORAM : P.V.KAKADE, J. DATE : 14TH JULY, 2005. P.C.: 1. Heard the learned counsel for both the parties. Perused the record. 2. In view of the facts and circumstances the appeal is to be heard finally at the stage of admission on the following substantial questions of law, including : 2 : which would be added by way of amendment. (a) Both the Lower Courts are in error in ignoring the Vyavashta Patra or release deed dt.21.5.1988 (Exh.87) executed by Shankar, predecessor in title the Appellants and his brother Maruti, the Predecessor in title of Respondents Nos.1 and 2 there by releasing his share by Maruti in the ancestral property, in favour of Shankar nearly on the ground that the said document was not registered. (b) In any event, the Trial Court having exhibited the said document at exh.87 it is an error on the part of the lower courts to have not considered the said documents in evidence. (c) Further in any event, the appellants under a declaration dt.22.2.2005 having registered the said document at exh.87, the non-consideration of the said document by the Courts below looses all its relevance. . Leave to amend. : 3 : 3. Parties to file compilation. Paper book dispensed with. Matter to come up on board at 2.45 p.m. during the last week of August, 2005. 4. In the meantime parties shall maintain status-quo with regard to the suit properties.