Tehare Builders And Developers Through Gajanan Bhaskarrao Tehare v. Bhausaheb Bhagaji Phule

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 907 WRIT PETITION NO. 9590 OF 2018 Tehare Builders and Developers Through Gajanan Bhaskarrao Tehare ... Petitioner

Versus

Bhausaheb Bhagaji Phule ... Respondent ...

Mr. D.K. Kulkarni and Mr. D.L. Pathade, Advocate for Petitioner Mr. Parag P. Shahane, Advocate for Respondent ...

Coram : N.M. Jamdar, J.

Date : 28 November 2018 Oral Order:

Heard learned Counsel for the petitioner.

The learned Counsel for the petitioner states that the suit of the year 2012 has not yet reached conclusion. It was suggested to the learned Counsel for the parties that the writ petition can be disposed of by issuing certain directions to the learned Judge in respect of the stamp duty to be paid by the impugned order, which the learned Counsel have agreed.

The learned Civil Judge has directed the defendant who relies upon the agreement to pay the stamp duty. The respondent/plaintiff has denied the execution of this document.

In view of the consensus, the writ petition is disposed of by observing that, if the petitioner pays the deficit stamp duty pursuant to the impugned order and at the time of conclusion of the trial, if the learned Judge comes to the conclusion that the agreement in question was executed and was genuine, then the learned Civil Judge will pass an appropriate order regarding the stamp duty that is paid by the petitioner to be reimbursed, repaid by the respondent/plaintiff. With these observations and keeping all contentions of the parties open, the Writ Petition is disposed of.

N.M. Jamdar, J.

Sameer//