1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.2580 OF 2009 Masudkha A. Rashid Kha. PETITIONER. V E R S U S Jafarkha A. Majid Kha and others. RESPONDENTS. Shri Girish Rane, Advocate for the petitioner. Shri P. P.Chavan, Adv. For Res. 1,2,3-A to 3-F , and 6 Adv. Shri Mukul Kulkarni for resp 5,6,8,9, 7-A to 7-F, 10,11 and 12. CORAM : B.R. GAVAI, J : DATE : 2nd JULY, 2009 PER COURT :- 1. By way of present petition, the petitioner challenges the order dated 26.02.209 vide which the learned Second Joint Civil Judge Senior Division, Jalgaon has directed the agreement of sale Exh.98/3 to be impounded and the plaintiff has been directed to pay proper stamp duty and penalty if any thereon within one month. 2. Shri Rane, the learned counsel appearing on behalf of the petitioner submits that though in the agreement of sale there is a recital regarding handing over of the possession, since the said agreement and delivery of the possession itself is disputed by the defendants, the learned trial court has erred in allowing the application filed by the defendants. 2 3. Since the document in question clearly recites that, the delivery of possession has been handed over to the plaintiff, the said agreement would be conveyance as per Article 25 of Schedule 1 of the Bombay Stamp Act, 1950. In that view of the matter, no perversity or infirmity could be found with the approach adopted by the trial court so as to warrant interference in exercise of extra ordinary jurisdiction of this Court under Article 27 of the Constitution of India. Hence rejected. ( B. R. GAVAI ) JUDGE ..... aaa/office/wp2580.09 3