1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 5337 OF 2009. Smt. Chandrakala C. Dhage and others -: versus :- Gruha Nirman Sahakari Sanstha Ltd., Nagpur. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : FEBRUARY 24 , 2010. Heard Shri R.C. Madkholkar, learned counsel holding for Shri S.P. Bhandarkar, for petitioners and Shri H.M.S. Athar, learned counsel for respondent. The impugned order dated 01.09.2009 rejects the application of present petitioners for impounding document on the ground that it is not registered as required by law. The document in question is an agreement for development and purchase of land. Learned counsel for petitioner argues that document clearly shows that possession has been handed over and plaint also accepts that possession is delivered, but these facts are overlooked by the trial Court. In reply, learned counsel for respondent points out that the facts which have come on record during the pendency of the suit clearly show that petitioners are in possession and hence the order passed does not require any interference. 2 Question is whether document mentioned above was compulsorily registrable. Perusal of its clause particularly in relation to the possession show that it gave permission to developer/purchaser to take possession and also pointed out that if possession is shown on land, the document is compulsorily registrable. The plaint as filed in paragraph no.5 shows that the developer [plaintiff] claimed to have been put in possession of suit property immediately after execution of that agreement of sale dated 27.03.2002. These facts therefore, clearly show that the document needed to be impounded and sent for determination of stamp duty in accordance with law. The impugned order dated 01.09.2009 is accordingly quashed and set aside. The application filed by the petitioners is allowed. Trial Court to proceed further in the matter. Rule accordingly. No cost. JUDGE Rgd.