ASHOK S/O MARUTI DAKE Vs. PAPAMIYA HAJIMIYA

JUDGEMENT

(1.) RULE. Rule made returnable forthwith. By consent of the learned Advocates appearing for the parties, Writ Petition is finally decided by this Judgment at the stage of admission.

(2.) THIS Writ Petition challenges the order dated 21st July, 2009, passed by the learned 3rd Joint Civil Judge (Junior Division), Sangamner, on Exh. 48 of Regular Darkhast No. 57 of 2006.

(3.) AS if this was not enough, the petitioner even filed a suit being R.C.S.No. 179 of 2004 for declaration and injunction against the respondents. He claimed, the decree in R.C.S. NO. 397 of 1984 is not binding on him. He sought declaration that the judgment and decree in R.C.S.No. 397 of 1984 was binding to him and perpetual injunction for preventing the respondents from entering into suit land. This suit is still pending.