1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.8165/2009. (Ravindra Soni and Ors. Vs. Vishnunarayan Kabra) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.SS Rathi, Adv. for petitioners; Respondent absent though served. __ CORAM : K.U.CHANDIWAL ,J. DATE : 27 th September, 2010. ... 1) Heard. 2) In a suit for specific performance of contract the plaintiff came with a case that out of the property agreed to be purchased, the vendor has executed a sale-deed to the extent of 50% share in the suit property and for balance share, he knocked in the Civil Court. 3) Before registration of the suit, office objection was raised about inadequacy of stamping affixed to the document, as the document, though styled as “Kararnama/Issarpawati” demonstrates possession to the purchaser. The stamping, as has been done by the officer of the court, need not be questioned. However, the assessment of agreement of sale, in the fact 2 situation, was not warranted, as the prayer in the suit itself indicated, seeking relief to the extent of rest over portion to be sold/vacated by the defendant. 4) In the set of above situation, writ petition is partly allowed. The plaintiff/petitioner to pay penalty, as indicated, to the extent of 50% of Rs. 93,740/- before the competent authority. No costs. (K.U.CHANDIWAL) JUDGE bdv/