IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.493 of 2009. FIRST APPEAL NO.493 of 2009. FIRST APPEAL NO.493 of 2009. Prakash Ragho Chavan ..Appellant versus Meenaxi Punjabai Patel & Anr. ..Respondents Mr.M.S.Karnik for the Appellant None for the respondent CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 15th April, 2009. DATED : 15th April, 2009. DATED : 15th April, 2009. P.C. 1. The respondent No.1 entered into a transaction with respondent No.2 for sale of the property. During the pendency of the said agreement to sale the respondent No.2 entered into a sale deed in favour of the present appellant. The respondent No.1 filed suit for specific performance of the suit agreement dated 28.4.2003 in the Court of Joint Civil Judge, Junior Division, Nashik, being Special Civil Suit No.180 of 2003 (hereafter referred to as the trial Judge). The learned trial Judge by his judgment and decree dated 20.12.2008 granted specific performance. This decree is challenged in this appeal. It is to be noted that the appellant is the subsequent -2- purchaser and he has not filed written statement as "No Written Statement" Order was made. No efforts were made by the appellant to have that order set aside and he faced trial. In the course of trial being subsequent purchaser it was necessary for him to place before the Court adequate material to show that his transaction with respondent No.2 was bonafide transaction and for consideration and without notice to the earlier transaction i.e. the transaction between the appellant and respondent No.2. As a result of this, the learned Trial Judge accepted the case of the respondent No.1 and that is how the learned Trial Judge granted orders in favour of the respondent No.1. 2. Before this Court some efforts were made by the learned Counsel for the appellant to hit the very agreement dated 28.4.2003 by contending that the said agreement is a document in the nature of Visar Pavti. The Xerox copy of the same was made available to the Court and the reading of the same would go to show that the said document manifested intention of the parties to enter into transaction of sale. 3. In the absence of appropriate material to -3- show that the transaction on the part of the appellant was for consideration without notice the stand of the appellant before this Court that the impugned judgment is contrary to law and the facts cannot be accepted. 4. It was also submitted before this Court that on some terms the appellant may be permitted to file his written statement so that he can file his defence. Such a submission at belated stage, namely after disposal of the suit cannot be accepted. It was well within the knowledge of the appellant that he has not been permitted to file written statement on account of No Written Statement Order. Since said Order was passed at the time of trial and no efforts were made to have said order set aside. It is now not open for him to have the matter remanded back. In my view, such a submission cannot be accepted. 5. After having considered the impugned judgment, I am inclined to observe that the learned trial Judge has considered the matter in its proper perspective and was duly satisfied that the case for specific performance was made out and hence no interference is required by this Court. Hence the -4- appeal is required to be dismissed at the stage of admission. Hence the Order. ORDER . First Appeal is dismissed with no order as to costs. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) -5- IN THE HIGH COURT OF JUDICATURE AT BOBBY IN THE HIGH COURT OF JUDICATURE AT BOBBY IN THE HIGH COURT OF JUDICATURE AT BOBBY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1577 of 2009. CIVIL APPLICATION NO.1577 of 2009. CIVIL APPLICATION NO.1577 of 2009. IN IN IN FIRST APPEAL NO.493 of 2009. FIRST APPEAL NO.493 of 2009. FIRST APPEAL NO.493 of 2009. Prakash Ragho Chavan ..Applicant versus Meenaxi Punjabai Patel & Anr. ..Respondents Mr.M.S.Karmik for the Appellant None for the respondent CORAL : R.Y.GUANOS, J. CORAL : R.Y.GUANOS, J. CORAL : R.Y.GUANOS, J. DATED : 15th April, 2009. DATED : 15th April, 2009. DATED : 15th April, 2009. P.C. In view of dismissal of the first appeal, this Civil Application does not survive and the same is disposed of with no order as to costs. (R.Y.Ganoo, J.)