JUDGMENT - KHARCHE S.T., J.:—Rule, made returnable forthwith by consent of the parties.

Relevant facts are as under :

2. The petitioner had filed Special Civil Suit bearing No. 12/2001 in the Court of Civil Judge, Senior Division, Washim seeking relief of specific performance of contract on the basis of Isarchitthi (an agreement of sale) dated 23-8-1999 or in the alternative for refund of consideration and damages in respect of agricultural land Survey No. 322 of Mouza Gaundhala. The land was agreed to be sold for consideration of Rs. 1,50,000/-. When the document of agreement of sale was produced before the Court, the learned Civil Judge, Senior Division passed the order below Exh. 32, an application filed by the respondent-defendant for giving direction to the plaintiff to get the said document impounded as per the provisions of law. The learned Civil Judge heard the parties, considered the contentions and directed that the agreement of sale be impounded in view of the provisions of Article 25 Schedule- I read with section 34 of the Bombay Stamp Act, 1958 (for short the Act) with stamp duty and penalty. This order is impugned in this petition.

3. Mr. Wankhede, the learned Counsel f

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