ao76.11 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ AO/76/2011 With CA/5709/2011 In AO/76/2011 BHIVAJI KISAN DHAGE VERSUS LAXMAN BAPURAO KAPSE AND ANR ... Advocate for Petitioner(s) : Mr.Temkar Rajendra K. Advocate for Respondent(s)1&2: Mr.N C Garud. ... CORAM : S.S. SHINDE, J. Dated: July 06, 2011. ... This appeal from order has been filed challenging the order dated 18th January, 2011 below Exh.5 in Special Civil Suit No.202 of 2010. By interim order, the present appellant / original defendant or any person on behalf of him has been temporarily restrained from alienating or creating third party interest in respect of suit property till final disposal of the suit on merits. ao76.11 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ 2 The learned Counsel for the appellant submits that the agreement at Exh.A of the compilation is an unregistered document. The signatures of the appellant were obtained on the blank papers and forged document has been created. It is the contention of the appellant that loan was borrowed from the respondents and they got signatures on blank papers and the same are misused. There is no agreement to sell at all. He, therefore, submits that appeal from order may be admitted. 3 On the other hand, the learned Counsel for the respondents placed reliance on Exh.A agreement to sell and submitted that the trial Court, prima facie, found that there is agreement to sell on record and passed the discretionary order, thereby balancing the interest of both the ao76.11 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ sides. He, therefore, submits that the appeal from order may not be entertained and it should be dismissed. 4 After hearing the learned Counsel for the parties and upon perusal of the impugned order passed by the 2nd Joint C.J.S.D., Ahmednagar, in my opinion, balance has been struck by the trial Court. Whether the agreement to sell at Exh.A, which is part of compilation, is genuine or not has to be gone into by the trial Court in the suit. Therefore, at this stage, it cannot be concluded that such an agreement to sell is a bogus or forged document. That apart, the interim order is a discretionary order and in my opinion, the order impugned in this appeal from order was necessary to be passed in the light of the agreement to sell. ao76.11 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ 5 In this view of the matter, I do not find any substance in the appeal from order and the same is dismissed. The civil application does not survive and it stands disposed of. (S.S. SHINDE, J.) PLK/*