1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO.2745 OF 2008. (RAJENDRA SHANKARRAO SAMARTH Vs GANESH MURLIDHAR HUMNE & ANR) _____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders ______________________________________________________________________________________________ Shri N.G.Jetha, Advocate for Petitioner. CORAM : B.P.DHARMADHIKARI, J. DATED : OCTOBER 10, 2008. 1. Challenge in this writ petition is to order dated 12.06.2008 recorded in order sheet in Special Civil Suit No.550/2008 by Civil Judge Sr.Dn., Nagpur. The said Court while hearing arguments of the parties on Exh.5 (temporary injunction application) found that the plaintiff was claiming to be in possession and, therefore, it proceeded to impound the agreement for sale dated 22.02.2008 between the parties and forwarded it to the Collector for recovery of stamp duty. 2. Advocate Shri Jetha specifically states that the possession was never claimed by the petitioner/ plaintiff before 2 the trial Court. He states that there is no such claim either in plaint or even during the oral arguments. Perusal of the agreement shows that the possession was to be handed over at the time of execution and registration of the sale deed. 3. This Court has, on 08.07.2008, while issuing notice and granting interim relief made it clear that the notice was for final disposal. The respondents have been served but there is no appearance for them. This Court on 17.09.2008 issued fresh notice by Registered Post A.D. That notice is also served and still there is no appearance. 4. In these circumstances and in view of the statement made, order dated 12.06.2008, impounding the agreement dated 22.02.2008, is hereby quashed and set aside. Consequently the action of forwarding the document to the Collector for recovery of the stamp duty is, therefore, also set aside. 3 5. The Writ Petition is allowed. However, in the circumstances of the case, there shall be no order as to costs. JUDGE RR.