KBP 6902-09.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6902 OF 2009 Madhukar Shripad Haval ..Petitioner Vs. Arun Shripad Haval and ors. ..Respondents ......... Mr.P.B.Shah, for petitioner. ......... CORAM : A.S.OKA, J.. DATE : 15 th SEPTEMBER, 2009. P.C. : 1] Heard learned counsel for the petitioner. 2] The petitioner is the first defendant who has taken exception to the order dated 10 th June, 2009 passed by the Civil Court. The first and second respondents plaintiffs are relying upon a receipt. An application was made by the petitioner in the pending suit contending that the document was not adequately stamped in as much as the document affects the rights in relation to immovable property. By the impugned order, the prayer of the petitioner has been rejected. 3] The learned counsel for the petitioner submitted that apart from the fact that the document is not adequately stamped the same ought to have been registered as the same purports to transfer the right, title and interest in respect of immovable property. He invited my attention to the averments made by the first and second respondents in the plaint. He, therefore, submitted that the trial Court has committed an error by holding that the document is properly stamped. KBP 6902-09.sxw 2 4] On a plain reading of the document it is seen that it is merely a receipt of sum of Rs.Five lacs. As the receipt is properly stamped, merely because the transaction relates to immovable property, it cannot be said that the receipt creates any right, title or interest in respect of immovable property. Therefore, the trial Court was justified in rejecting the prayer made by the petitioner. Hence, no case is made for interference. Writ Petition is rejected. ( A.S.OKA, J. )