1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.548 OF 2009 IN WRIT PETITION NO.6595 OF 2006 Mohan Pandurang Kalate & ors ..Petitioners V/s. The State of Maharashtra & ors ..Respondents And Dilip Balkrishna Deshpande & ors ..Applicants Mr.P.K.Dhakephalkar, Senior Counsel a/w.Mr.N.P.Shimpi, for the Applicants Mr.A.V.Anturkar a/w.Mr.S.S.Salunkhe, Advocate, for the original petitioner Mr.A.B.Vagyani, Assistant Government Pleader, for respondent Nos.1, 4 & 5 Mr.D.R.More, Advocate, for respondent No.2 CORAM : S.B.MHASE & R.M.SAVANT, JJ. DATE : 2ND SEPTEMBER,2009 P.C. . The respondents have entered into an Agreement of Sale and it had taken place with the applicants on 13th December, 1997, and have placed the applicants into possession of the property 2 covered under the said Agreement. On 20th February, 1998, unregistered Power of Attorney was executed in favour of three persons by the respondents. Those three persons are namely (1) M/s.Roma Estates Property And Private Limited (2) Mr.Rohan Vijay Nahar and (3) Mr.Randir Vijay Nahar. The above Writ Petition No.6595 of 2006 was filed in this Court in the year 2006. On 23rd March, 2007, interim relief in terms of prayer clause (c) was granted by this Court in favour of the petitioner. On 28th December, 2007, Sale Deed was executed by Mr.Rohan Vijay Nahar, Power of Attorney Holder in his own favour, in favour of his other family members and M/s.Roma Estates Property And Private Limited. It was registered on 17th April, 2008. Thereafter, the present Civil Application has been filed. When the above Civil Application came for hearing on 27th February, 2009, in anticipation that the Writ Petition may reach final hearing, this Civil Application was posted along with the main Writ Petition. Having found that the Writ Petition 3 cannot be disposed of. The above Civil Application was moved. In the above referred facts & circumstances one thing is clear that in view of the registered Sale Deed dated 17th April, 2008, the title of the Petitioner No.4 is divested to the extent of the Sale Deed i.e. 2500 Sq.meters out of the said Survey No.276/2 of village Wakad, Taluka Mulshi, District Pune. The grievance of the original petitioner is that the Power of Attorney Holder cannot execute the documents in his own favour and therefore, the document is not binding as against the petitioner. The subject matter of the above Writ Petition is to the effect that respondent No.2  Corporation cannot acquire the land unless General Body of respondent No.2  Corporation passes a Resolution to that effect and the Commissioner of the Corporation in his capacity as Commissioner cannot take a decision regarding acquisition of land. Therefore, the subject matter of the main Petition is quiet different than the validity of the Sale Deed which is the subject 4 matter of the Civil Application. While disposing of the Civil Application we do not desire to enter into the area which is not the subject matter of the Writ Petition. Apart from that insofar as the issues raised by the original petitioner insofar as the execution of the Sale Deed is concerned, the same would require evidence to be led and thereafter, the appropriate Court would decide whether the document is binding/not binding, void/invoid etc. Normally when any matter requires evidence to be led and the facts are disputed then in such circumstances, the Writ Court refrains to entertain such matters. We also observe the same in this matter and we do not desire to enter into the disputed aspects and thereby to consider the legality or validity of the Sale Deed in question. Therefore, we only observe that if the original petitioner desires to challenge the said Sale Deed registered on 17th April, 2008, then it is open for him to file a Civil Suit for appropriate reliefs in respect of 5 the property in question of which he is divested of the title by the said Sale Deed and in case the said suit is filed, the concerned Civil Court will deal with the matter on its own merits without being influenced by the Orders of this Court. At this stage suffice to state that the petitioners' title to the extent referred to in the Sale Deed and as mentioned above is divested and therefore, the injunction/stay cannot be continued in respect of the property of the applicants. Therefore, the interim relief granted by this Court on 23rd March, 2007, in terms of prayer clause (c) is vacated to the extent of the area 2500 Sq.meters out of the said Survey No.276/2 of village Wakad, Taluka Mulshi, District Pune in respect of which Sale Deed has been executed in favour of the applicants and registered on 17th April, 2008. With these observations, Civil Application is disposed of. We make it clear that except the property mentioned above which is the subject matter of the Civil Application, the injunction/stay in respect of the 6 rest of the property shall continue. 2. The above Civil Application is accordingly disposed of. ( R.M.SAVANT, J.) ( S.B.MHASE, J. )