: 1 : vss THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.658 OF 2010 IN SECOND APPEAL ST. NO.24261 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court's order or Directions and Registrar's Orders Court's or Judge's Orders Mr.P.M. Arjunwadkar for Applicants None for Respondents CORAM: SMT.NISHITA MHATRE,J. DATED: MAY 7, 2010 P.C.: The civil application has been filed for restoring the appeal which was dismissed on 7.1.2010 due to a conditional order passed. 2. Heard. For the reasons stated in the civil application, it is allowed in terms of prayer clause (a). : 2 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL ST. NO.24261 OF 2009 Pandurang Sukry Kini & Anr. ... Appellants V/s. Vandana Vaman Chouri & anr. ... Respondents Mr.P.M. Arjunwadkar for Applicants None for Respondents CORAM: SMT.NISHITA MHATRE, J. DATED: MAY 7, 2010 P.C.: 1. Appeal admitted on the following substantial question of law: a) Whether an Agreement of Sale is required to be registered before it can be said to confer title on a party? b) Whether the Courts below have failed to appreciate the fact that under Section 17 of the Registration Act, the document which creates a title or interest in favour of a person must be registered and that the document on which the respondents relied was unregistered? c) Whether the Courts below ought to have erred in not appreciating the fact that Section 49 of the Registration Act contemplates that a document which is required to be registered cannot confer title to the property : 3 : without it being registered and, therefore, it cannot be read as evidence of any transaction affecting the parties to it? d) Whether the property which devolved from Ramabai, who was the maternal grand mother of the appellant could be considered joint family property, requiring it to be brought in the common hotch pot? 2. To be heard alongwith Second Appeal No.71 of 2010. : 4 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1421 OF 2009 IN SECOND APPEAL NO.71 OF 2010 Pandurang Sukrya Kini & Anr. ... Applicants V/s. Vandana Vaman Chouri Ors. ... Respondents Mr.P.M. Arjunwadkar for Applicants None for Respondents CORAM: SMT.NISHITA MHATRE, J. DATED: MAY 5, 2010 P.C.: 1. The returnable date is extended by a period of eight weeks from today. 2. Status quo as of today to be maintained by the parties with respect to the suit property till then. : 5 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.71 OF 2010 Pandurang Sukrya Kini & Anr. ... Applicants V/s. Vandana Vaman Chouri Ors. ... Respondents Mr.P.M. Arjunwadkar for Applicants None for Respondents CORAM: SMT.NISHITA MHATRE, J. DATED: MAY 5, 2010 P.C.: 1. From the cause title of the order passed by this Court on 22nd March, 2010, the words “alongwith Second Appeal (St.) No.24261 of 2009” be deleted.