1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR APPEAL AGAINST ORDER NO. 100/2009 Smt. Suhas Ramesh Mangrulkar ..versus.. Shri Yadavrao Pandhari Kullarkar =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-== Shri U.A.Gosavi, counsel for the appellant. Shri S.D.Khati, counsel for repsondent nos. 1 & 2. C ORAM : K.U.CHANDIWAL, J. DATED : 10th AUGUST, 2010. P.C. Heard finally. 2] Rejection of Exh. 5 moved by the plaintiff in a suit for specific performance of contract has resulted in challenging the order of learned Judge. The learned Judge while accepting that there was payment of earnest money of Rs.13,00,000/- by the plaintiff as purchase of the property, however, found that the third installment, which was payable, by purchaser was not complied with in time and consequently rejected the prayers. It is curious, the learned Judge directed the defendant/vendor of the property to deposit Rs.13,00,000/-, the amount of earnest, or failue to do 2 so, result in operating status quo. 3] It is informed, such amount is deposited by the defendant/respondent. 4] There is no controversy that the property under agreement of sale requires permission from the competent authority, it being recorded as “Kotwal Dungi” in the Revenue records. Since it has a clog or cloud of compliance from the defendant, the defendant having received Rs. 13,00,000/- as earnest, will not create third party interest/sale the property till disposal of the suit. This is more so, as the defendant has not disputed about agreement entered into, stipulation incorporated therein and taking of permission as prerequisite from the Revenue Authorities. 5] The learned Judge should have considered that the delay in obtaining permission from the Competent Authority added spices to the controversy and whatever was the delay need not have been allowed to be coined against the plaintiff. 6] These are prima facie observations. The learned Judge will independently deal with the eligibility of the plaintiff for equitable relief of specific 3 performance of contract. 7] The order is modified. The defendant shall not create third party interest or execute sale deed in relation to the suit property till disposal of the suit. 8] The learned Judge will expeditiously dispose of the suit, considering that the defendant has deposited Rs. 13,00,000/- with it. A.O. disposed of. No costs. (K.U.Chandiwal) JUDGE. Rvjalit