1 926-WP-11369-2026.odt 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 22nd 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 Sunny Thote 2026:BHC-AUG:41401 2 926-WP-11369-2026.odt civil suit, the Petitioner No.1 filed his evidence affidavit on 21st 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 26th 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 Sunny Thote 3 926-WP-11369-2026.odt 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. ] Sunny Thote