lpa381.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD LETTERS PATENT APPEAL NO.381 OF 2011 IN WRIT PETITION NO.6834 OF 2011 Bankat s/o Wamanrao Karad, R/o-Injegaon, Tq-Parali Vaijinath, Dist-Beed. ...APPELLANT. VERSUS 1) Ashok Baburao Surawase, R/o-Dhamoni, Tq-Sonpeth, Dist-Parbhani, 2) Subhash s/o Narayan Karad, R/o-Injegaon, Tq-Parali, Dist-Beed. ...RESPONDENTS. ... Shri.H.K. Munde Advocate for Appellant. None present for Respondent No.1. Shri.Vivek Bhavthankar Advocate for Respondent No.2. ... CORAM: NARESH H. PATIL AND T.V. NALAWADE, JJ. DATE : 21ST NOVEMBER, 2011. lpa381.11 2 PER COURT : 1. Heard learned counsel appearing for the respective parties. 2. Shri. Munde, learned counsel submits that learned Civil Judge passed Judgment in R.C.S. No. 220 of 2001, a suit filed by the Appellant for specific performance and permanent injunction. While passing Judgment on 30th June 2003, the trial Court passed following order:- " 1. The suit is decreed as under. 2. The defendant is directed to execute the sale-deed of suit land in favour of plaintiff by accepting amount of Rs.65,000/-. 3. Decree be drawn up accordingly. 4. This judgment is pronounced lpa381.11 3 in open court." 3. It seems that Appellant pleaded in the trial Court that on the date of execution of agreement for sale between the parties, actual possession of the subject land was handed over to the Appellant. In this back-ground, the view adopted by the learned Single Judge cannot be termed as erroneous. The Letters Patent Appeal is dismissed. [T.V. NALAWADE, J.] [NARESH H. PATIL, J.] asb/NOV11