JUDGMENT

1. Heard Shri. Gangakhedkar, learned counsel for the Petitioner and Mr. Piyush Shah for Respondents.

2. This Petition is by the Plaintiff. Respondent claimed to be owner of plot survey no. 75 & 76 at Mumbra who entered into an agreement of sale with the Petitioner-Plaintiff on 23/01/2015. It is claimed that there are two agreements executed by the Respondent-Defendant infavour of the Plaintiff.

3. Since the agreement was not honoured, suit being S.C.S. No. 517 of 2015 came to be initiated before the Civil Judge Senior Division, Thane for specific performance. It is claimed that before the issues were framed, Application for impounding was moved by Respondent-Defendant.

4. Agreement of sale dated 23/01/2015 and the Power of Attorney are ordered to be impounded at the time of recording of evidence of the Petitioner-Plaintiff vide order impugned dated 10/12/2019. As such, this Petition.

5. Submissions of Shri. Gangakhedkar are, under Proviso to Section 49, an unregistered document which is required to be registered under the Transfer of Property act or under the Registration Act affecting immovable property, may be received in evidence of a contract in Suit for specific performanc