1. Rule, with the consent of the learned counsel for the parties made returnable forthwith and heard.

2. The writ jurisdiction of this Court is invoked against the order dated 6.02.2012 passed by the learned Joint Civil Judge, Senior Division Pune by which order the application in question being exhibit 54 filed by the Defendant No.1 came to be partly allowed and the document in question i.e. the Deed dated 25.08.2005 was directed to be impounded and be sent to the Collector of Stamps for further action as per Section 35 of the Bombay Stamp Act, 1950.

3. Shorn of unnecessary details a few facts can be stated thus:

The Petitioner is the original Plaintiff who has filed Special Civil Suit No.2096/2008 for specific performance of the agreement dated 25.08.2005. The subject matter of the said agreement is the suit property bearing Survey No.119, Hissa No.2B, situated at village Pimple Saudagar, Taluka Haveli, District Pune. The suit property admeasures 1 H. 50.5 Ares. The suit property is more particularly described in paragraph 1 of the Plaint. The Respondent No.1 and the Petitioner entered into the said agreement styled as a Memorandum of Understanding. The said agreement