SCARIA MATHEW GEEVARGHESE AND ANOTHERversusVAISHALI VISHAL MUNDALE

2026:BHC-AUG:41401
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                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                               926 WRIT PETITION NO. 11369 OF 2026

                            Scaria Mathew Geevarghese And Another
                                              VERSUS
                                     Vaishali Vishal Mundale
                                                 ...
             Adv.J V Deshpande for the Petitioners.
                                                 ...

                                     CORAM            : MANJUSHA DESHPANDE, J.
                                     DATE             : 01.09.2026

             PER COURT :

             1.             The Petitioners are the original plaintiffs in Special Civil Suit

             No.303 of 2019, pending before the Civil Judge Senior Division,

             Aurangabad. The learned Advocate for the Petitioners submits that the

             suit is for specific performance of contract. The agreement between the

             parties, i.e., the plaintiffs and defendants is in respect of purchase of land

             admeasuring 3 acres, 20 R from Gut No.28 admeasuring 1 hector 62 R

             situated at village Sahajapur, Taluka and District Aurangabad.

             2.             The agreement is entered between the parties on 22 nd March,

             2019 and signed by the parties before the notary in presence of

             witnesses. Since the Respondent has failed to perform his part of the

             contract as agreed, the Petitioners called upon the Respondent to perform

             his part of the contract. However, the Respondent has refused, which

             resulted in filing of special civil suit, during the pendency of the special

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civil suit, the Petitioner No.1 filed his evidence affidavit on 21 st August,

2023. The Respondent has filed an affidavit below Exhibit-35 for

impounding of the agreement of sale dated 22nd March, 2019. Though the

Petitioners have filed say at Exhibit-36, praying to reject the application

of the Respondent and the Respondent has also not pressed the said

application below Exhibit-35. Inspite of that, the learned Judge has made

certain observations while recording the evidence of the plaintiff, by

observing that, the documents relied by the plaintiff to claim that they

have already received possession, is required to be a registered

document, with payment of appropriate stamp duty, since the document

is not registered, the same is impounded.

3.            It is submitted that no separate order has been passed by the

learned Joint Civil Judge Senior Division, Aurangabad on 26 th November,

2025, only certain observations are made while recording the evidence of

plaintiff. Upon pointing being confronted with the fact that only

observations are made and no order is passed, which can be assailed by

the Petitioners. The learned Advocate for the Petitioners submits that, this

Court may exercise its power under Article 227 of the Constitution of

India for passing an appropriate order. This Court can exercise its power

of Superintendent under Article 227 only when there is any order passed

by the Sub-ordinate Courts or Authorities, which is patently perverse.

4.            However, considering the peculiar facts and circumstances of

the present case, the Petitioners are at liberty to file an application
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seeking clarification of the observations made while recording the

evidence of Petitioner No.1. The said application shall be considered

appropriately by the learned Civil Judge, Senior Division, Aurangabad.

5.            In the above said observations, the Writ Petition stand

disposed off.



                                         [ MANJUSHA DESHPANDE, J. ]




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