Dismissed¶26

Vilas Mahadev Salunkhe v. Indubai Rajaram Jagdale and Ors.

Bombay HC6 Mar 2025WP/3203/2025

Case brief

AI extract

What is this about?

Writ Petition No. 3203 of 2025, High Court of Judicature at Bombay, N. J. Jamadar, J., decided 06.03.2025. Specific performance suit; application for impounding of document; agreement for sale dated 04.03.2010 executed on stamp paper of Rs. 100/- denomination; unregistered instrument; Section 33 Maharashtra Stamp Act, 1958; Section 17 Indian Registration Act, 1908; Article 25 Explanation (1) Maharashtra Court Fees Act, 1958; whether agreement for sale amounts to conveyance; delivery of possession at time of execution of sale deed; Civil Judge Kadegaon; impugned order upheld; petition dismissed.

What did the court decide?

There is a clear stipulation in the agreement for sale that the possession of the property was to be delivered at the time of execution of the Sale Deed. ¶25

Vilas Mahadev Salunkhe vs Indubai Rajaram Jagdale and Ors. — Bombay HC (2025) — LawSathi Research

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906-wp-3203-2025.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.3203 OF 2025

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VISHAL SUBHASH PAREKAR

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Digitally signed by VISHAL SUBHASH PAREKAR Date: 2025.03.07 17:12:32 +0530

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Vilas Mahadev Salunkhe

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vs.

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Indubai Rajaram Jagdale and Ors.

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Mr. Kiran Mohite, for the Petitioner

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...Petitioner

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...Respondents

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CORAM : N. J. JAMADAR, J. DATE : MARCH 06, 2025

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P.C:

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Heard the learned counsel for the petitioner.

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The challenge in this petition is to an order dated 14^th February, 2023 passed by the learned Civil Judge, Kadegaon rejecting an application preferred for impounding of the documents.

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The petitioner instituted the suit for specific performance of a contract contained in an agreement for sale dated 4^th March, 2010. In the said suit, the plaintiff filed an application to impound the said document asserting, inter alia, that the instrument was executed on a stamp paper of Rs. 100/- denomination only and it is also not registered. It is, therefore, necessary to impound the document.

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By the impugned order, the learned Civil Judge was persuaded to reject the application observing that an agreement for sale is not required to be registered under section 17 of the Indian

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Registration Act, 1908.

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Vishal Parekar, PS

906-wp-3203-2025.doc

The learned counsel for the petitioner submitted that the application for impounding was filed as the document has been scribed on the stamp paper of Rs. 100/- denomination, only. The instrument, being insufficiently stamped, it was required to be impounded under section 33 of the Maharashtra Stamp Act, 1958.

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I have perused a copy of the agreement for sale.

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There is a clear stipulation in the said agreement for sale that

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the possession of the property was to be delivered at the time of execution of the Sale Deed. The instrument does not amount to conveyance so as to attract the provisions contained in Article 25 Explanation (1) of the Maharashtra Court Fees Act, 1958. Thus, there is no infirmity in the impugned order.

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The petition stands dismissed.

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(N. J. JAMADAR, J.)

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...2

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Vishal Parekar, PS

Vilas Mahadev Salunkhe v. Indubai Rajaram Jagdale and Ors.

Case brief

What is this about?

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Vilas Mahadev Salunkhe v. Indubai Rajaram Jagdale and Ors.

Case brief

What is this about?

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