1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD SECOND APPEAL NO. 278 OF 1990 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : P.R. BORKAR.J. DATED : 27.11.2009 1. Heard Shri A.B. Gatne, Advocate for the appellant and Shri C.K. Shinde, Advocate for the respondent. By order dated 18.01.1991, ground numbers 1 to 7 were considered as substantial questions of law between the parties. They can be summarized in two substantial questions of law, which cover all the grounds, as follows:- (i) Whether the plaintiff proved that the real nature of the transaction with the defendant was of security for loan and parties did not intend that agreement of sale should be acted upon? (ii) Whether the Court can take into consideration the contents of unregistered Kabjepavati, while deciding the question of possession, when said contents are contrary to the contents of the agreement of sale, which is a registered document? 2 2. The parties have argued on above said substantial questions of law. [P.R. BORKAR,J.] snk/2009/NOV09/sa278