1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 703 OF 2005 Rukminibai w/o Pundlikrao Kadam Appellant Versus Gangaram s/o Gopalrao Kadam ( deceased through LRs) Respondent Shri G.D. Kale, Advocate for the appellant. CORAM: R.M.BORDE, J. DATE : 17th August, 2009. PER COURT : 1 This is an appeal by original plaintiff raising exception to the judgment and decree passed by the 2 nd Additional District Judge, Nanded in Regular Civil Appeal no. 85/1995 decided on 3-4-2001. 2 Suit of the plaintiff / appellant is based on a gift deed which is unregistered one. Placing reliance on the said document, trial court proceeded to grant decree in favour of the plaintiff and directed the plaintiff to secure registration of the document by depositing double the stamp duty. Appellate court, however, has reversed the finding recorded by the trial court holding that the unregistered gift deed was inadmissible 2 in evidence. It appears that during the pendency of appeal, the first appellate court passed an order in exercise of powers under section 58 of the Bombay Stamps Act. However, after giving sufficient opportunity to the plaintiff to pay the deficit stamp duty, the plaintiff failed to deposit the same. Lower appellate court was therefore constrained to keep the document out of the purview of consideration. In these circumstances, first appellate court has recorded finding that the plaintiff has failed to establish his case. The view adopted by the first appellate court cannot be said to be erroneous. No substantial question of law arises for consideration of the appeal. Appeal therefore stands dismissed summarily. 3 In view of dismissal of the appeal, pending civil application, if any, does not survive and stands disposed of. (R.M.BORDE) JUDGE ******* dyb/sa703.05.odt