Gayasoddin S/O Abdul Rashid Shaikh v. Shaikh Balesaheb S/O Nabisab Masumdar

1 Cr. Appln. 923/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 923 OF 2015 Gayasoddin S/o Abdul Rashid Shaikh Age : 45 years, Occu.: Service, R/o. Killa Galli, Udgir, Tq. Udgir, Dist. Latur .. Applicant Vs.

Shaikh Balesaheb S/o Nabisab Masumdar Age : 55 years, Occu.: Driver, R/o. Samta Nagar, Near Farooqui Oil Mill, Udgir, Tq. Udgir, Dist. Latur .. Respondent ---- Mr. R.S. Shinde, Advocate for applicant Mr. J.S. Gavane, Advocate for respondent ---- CORAM : M.T. JOSHI, J.

DATE : 25/08/2015 ORAL ORDER :

Heard both sides.

2.

It is an admitted fact that a civil suit is pending between both the parties. The same issue is being agitated. The issue is, as to whether the cheques were passed towards the receipt of hand-loan by the respondent or as to whether, it was a case of agreement of sale of immovable property, for which a specific performance is sought in the civil Court.

2 Cr. Appln. 923/2015 3.

Considering the fact that arguable case is made out, leave to file appeal is hereby granted. Application is accordingly allowed and disposed of.

4.

Appeal be registered as per due procedure of law.

[M.T. JOSHI] JUDGE arp/