1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 58. CA/7535/2009 (MOHD SARDAR MOHD UMAR, died LRs. Mohd.Shakul and others. V/S RAFIQ AHMED ABDUL RAZZAK) In AO/107/2009 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. A.R.Nikam, Adv., for the applicant. Mr. Mujtaba Mustafa, Adv., for the respondent. (sole) ... CORAM: K.U.CHANDIWAL, J. DATE:18-2-2010 P.C.:- 1. Heard Mr.Nikam and Mr.Mustafa, Counsel for respective parties. The Appeal From Order can be heard finally at admission stage. The Appeal is already admitted. R & P is awaited. 2. Heard Counsel extensively. In RCS No. 46/1999, decree for specific performance of contract came to be recorded in favour of the plaintiff. The sale deed was executed through process of Court. Sale consideration deposited in the Court was withdrawn by the 2 judgment debtor/defendant by making application in R.D.No. 35/2001, dt.27.9.2006. It was subsequent, appal came to be filed by the defendant being RCA No. 89/2004, and the learned Principal District Judge, Parbhani, by order dt.14.1.2009, allowed the appeal of the defendant and remitted the same to the learned Civil Judge, Senior Division, to give opportunity to the appellant of the said appeal/defendant to adduce evidence in support of his claim and also to allow the plaintiff to cross examine the defendant and the witnesses. This order is impugned in the present Appeal From Order which has already been admitted. Considering the nature of controversies, the order under appeal of the learned District Judge dt.14th Jan.,2009 is stayed. Civil Application (No. 7535/2009) is allowed. (K.U.CHANDIWAL) JUDGE agp/7535-09ca