1802sa404.09.odt 1/2 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR SECOND APPEAL NO. 404 OF 2009 AND CAS NO. 812/2009 IN S. A. NO. 404/09 (Anandrao Nathuji Tarankar Vs. Nandlal Hemandas Sahajramani) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order Mr. B. N. Mohta, Advocate for the appellant. Mr. Shrikant Deo, Advocate for the respondent. C ORAM : F. M. REIS, J. DATED : 18th February, 2010. Heard. Admit on the following substantial questions of law:- 1) Whether the decrees passed by the Courts below can be said to be legal and valid and are sustainable when the agreement at Exh. 20 dated 29/12/2001, on the basis of which regular civil suit No. 66 of 2003 for specific performance is filed, is not registered as required under Section 17(1)(A) of the Registration Act. 2) In view of the non compliance of the provisions of the Registration Act and Bombay Stamp Act, whether the agreement at Exh. 20 can be said to be enforceable in law? 1802sa404.09.odt 2/2 CAS NO. 812/09 : Heard the learned Counsel for the applicant and the respondent. The decree passed by the Courts below is for specific performance of the agreement, whereby the appellant is ordered and decreed to execute the sale deed in favour of the respondent. As the appeal has already been admitted, the operation and execution of the impugned orders is stayed until further orders. The application stands disposed of accordingly. JUDGE wwl