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2013 Supreme(Bom) 2487

R.M.SAVANT
Arjun Sitaram Nitinwar – Appellant
Versus
Rama Sakharam Parad – Respondent


Advocate Appeared
For the Petitioner:G.S. Godbole with Mrs. Deepali Deshmukh i/b Balasaheb Deshmukh, Advocates.
For the Respondents:R1 to R16, P.S. Dani with Ms Radha Ved i/b Sanjay Udeshi & Co., R17 to R20, Vivek Shiralkar i/b Shiralkar & Co., Advocates.

JUDGMENT

1. Rule with the consent of the Learned Counsel for the parties made returnable forthwith and heard.

2. The Writ Jurisdiction of this Court under Article 226 of the Constitution of India has been invoked against the order dated 1-4-2013 passed by the Learned Joint Civil Judge Senior Division, Thane, by which order, the Trial Court has refused to exhibit the Development Agreement dated 2-3-2005 on the ground that the said agreement has been entered into without complying with the provisions of Section 36A of the Maharashtra Land Revenue Code in the matter of obtaining permission of the Competent Authority as the land covered by the said agreement is a tribal land and that the said document showing consideration of Rs.10 lacs but the same was executed on a stamp paper of Rs.10 from which it is crystal clear that the said document is not properly stamped.

3. The factual matrix involved in the above Petition in brief can be stated thus:

The Petitioner herein is the original Plaintiff whereas the Respondents are the original Defendants. The Suit filed by the Plaintiff being Special Civil Suit No.608 of 2010 has been filed claiming declaration that the said Development Agreement is




























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