1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 518 OF 2010 Daulat S/o Sandu Barwal .... APPELLANT VERSUS Babasaheb S/o Suryabhan Gaware & another .... RESPONDENTS -------------------------------------------------------------------------------------------------------- Mr.M.V.Ghatage, Advocate holding for Mr. A.P.Avhad, Advocate for appellant. -------------------------------------------------------------------------------------------------------- CORAM : S.V. GANGAPURWALA, J. DATE: 23/08/2010 ORAL ORDER : 1. The present appellant / original plaintiff had filed Suit for declaration that the sale deeds executed in respect of the suit property are null, void and not binding on him. The said Suit came to be dismissed. The Appeal preferred by the plaintiff against the said Judgment and Decree also came to be dismissed. 2. Mr. Ghatage, the learned counsel holding for Mr. Avhad contended that the plaintiff has led the evidence. The sale deed executed in the yea 1985 by the present plaintiff in favour of defendant no. 1 was a nominal sale deed. It was in fact the transaction of hand loan and said 2 document was executed as a security. The Courts below have not taken into consideration the relevant evidence in this regard. The consideration amount itself shows that the said transaction is not an out and out sale but is a security transaction. 3. Both the Courts have discussed the evidence in detail and have concurrently come to the conclusion that the transaction in question was an out and out sale. No elements of the document being a security document are spelt out. More over, the sale deed which was executed in the year 1985 was sought to be challenged in the year 2004, which is hopelessly barred by limitation. 4. No substantial question of law arises. As such present Second Appeal is dismissed with no order as to costs. [ S.V. GANGAPURWALA ] JUDGE knp/ SA 518.2010 3