IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Second Appeal No.184 of 2009.

Sau. Varsha W/o Vinod Deshpande.

Vs.

Sudhir S/o Laxman Deshpande and others Office Notes, Office Memoranda of Coram,appearances,Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri S.R. Dhumal Advocate H/F Shri A.

Parchure Advocate for the appellant.

Coram: A. H. JOSHI , J.

Dated: 6th May 2009.

1. Heard Learned Advocate Shri S. R. Dhumal H/F for Shri A. Parchure, Advocate for the appellant.

2. The appellant is challenging the Judgment and decree of the first appellate Court, where the decree passed by the Trial Court was confirmed by the first appellate Court.

3. The plaintiff claimed the delivery of possession of the suit property, which according to the plaintiffs, was in unauthorized possession of the defendants.

4. The defendant claimed right to retain the possession on the ground that there was an agreement of exchange entered between the parties dated 12-5-1995, and therefore, by virtue of part performance, the defendant was entitled to retain the possession.

5. It is an admitted fact that any time in past, after 12-5-1995, the appellant has not filed a suit for spe