Yuvraj S/O Ramdasji Lanjewar v. Ramesh S/O Shrikrushnarao Dhore And Another

(1) 7wp2988.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.2988/2025 Yuvraj Ramdasji Lanjewar .Vs. Ramesh Shrikrushnarao Dhore and anr. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. B. B. Pantawane, Advocate for petitioner. CORAM :

ANIL L. PANSARE, J.

DATE :

JUNE 13, 2025 Heard.

2.

Argument is that since the agreement to sell was unregistered and not properly stamped, the Trial Court could not have exhibited the same. The counsel has restricted challenge only to exhibiting documents. The counsel submits that it has been wrongly exhibited.

3.

The law is well settled on this point. Merely because the document is marked exhibit, it would not mean that its contents are proved. The contents will have to be proved in accordance with the provisions of Evidence Act. So far as the argument of insufficiency of stamp or registration of document is concerned, the Trial Court is duty-bound to act in terms of provisions of the Stamps Act that deals with impounding of document and effect of non execution of document. Since the objection is restricted to only exhibiting the document, I need not go into the finding recorded by the Trial Court as regards effect of non registration of the document as also insufficiency of document. To my mind, no prejudice will be caused merely because the document is marked exhibit. 4.

The petition is dismissed with aforesaid clarification. No order as to costs.

(Anil L. Pansare, J.) Kahale