: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO.636 OF 2006 WITH CIVIL APPLICATION NO.846 OF 2006 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.P.B. Shah for the Appellants. Mr.S.V. Pitre for Respondent No.1. CORAM : S.J. VAZIFDAR, J. DATED : 4TH JUNE, 2008. P.C. : 1. Admit and heard finally. 2. The suit is filed for specific performance of an agreement to sell a plot of land admeasuring 164 sq.mtrs. The Defendant however has submitted that the agreement properly construed is a mere development agreement. 3. The Defendant has also contended that the agreement stood terminated and : 2 : that a part payment made by the Appellants/Plaintiffs was returned. 4. In paragraph 10 of the impugned order the learned Judge has construed the contention of the Defendant that the agreement is a development agreement to be an admission. That cannot be. The Defendant’s statement cannot be used as an admission against the Plaintiffs. 5. It is fairly conceded that the question of termination has not been considered at all. 6. In the circumstances, the impugned order is set-aside. The trial Court is directed to hear the Exhibit-5 application afresh. The trial Court shall accord to the application priority as on the day on which it was filed. 7. The Civil Application is also accordingly disposed of.