SHYAMSUNDAR RADHESHYAM AGRAWAL Vs. PUSHPABAI NILKANTH PATIL

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is filed assailing the final order dtd. 3/3/2021 passed by the High Court of Judicature at Bombay (hereinafter shortly referred to as "the High Court") in Writ Petition No.4695 of 2017, by which, the High Court has dismissed the said writ petition, thereby affirming the order dtd. 26/10/2016 passed by the Court of 4th Joint Civil Judge (Senior Division), Thane, (hereinafter shortly referred to as "the trial Court") in allowing the application filed by the Defendant No.46 for impounding the six documents produced by the appellants herein.

(3.) Originally, the appellants instituted a suit in Special Civil Suit No.200 of 2008 seeking declaration and injunction. Denying the plaint averments, the defendants filed their written statements. Thereafter, the Defendant No.46 took out an application under Ss. 33, 34 & 37 of the Maharashtra Stamp Act, 1958 r/w Sec. 17 of the Registration Act, to impound the six original agreements for sale viz., Exh.145/3 dtd. 20/7/1994, Exh.145/9 dtd. 20/7/1994, Exh.145/15 dtd. 12/10/1994, Exh.145/19 dtd. 12/10/1994, Exh.145/23 dtd. 27/4/2006 and Exh.145/25 dtd. 19/9/2004 produced by the appellants, so as to get them registered, on the premise that the said documents include a clause that the physical possession of the properties mentioned therein, was transferred to the purchasers; however, they were not duly stamped; and hence, the documents require the payment of stamp duty of the conveyance. By order dtd. 26/10/2016, the trial Court allowed the said application, thereby impounding the documents and directing to send the same to the Collector of Stamp, Thane, for adjudication of stamp duty and penalty, if any, payable by the appellants. Aggrieved by the same, the appellants herein filed the aforesaid writ petition, which was dismissed by the High Court, by the order impugned in this appeal.