DADA PATIL MOHAN KOTKAR Vs. BHIMABAI SUKHDEO LANDE

JUDGEMENT

(1.) Second Appeal is filed under Sec. 100 of the Code of Civil Procedure, against the judgment of appellate Court, whereby, the judgment and decree of trial Court was reversed and a decree of possession was passed in favour of the original plaintiff who are the respondent in the present Second Appeal.

(2.) The present Second Appeal is filed on 29/9/2018, and thereafter, on 4/5/2019 an application seeking stay to the execution and operation of appellate Court's judgment was filed. Till the date of hearing of this Second Appeal admittedly no relief for staying the operation of impugned judgment and order of appellate Court dtd. 21/6/2018 has been granted.

(3.) In this Second Appeal, an application is filed by two applicants bearing Civil Application No. 13730/2022 for implementing them as co-appellants, or in the alternate the applicants be replaced in place and instead of appellants in the Second Appeal. The applicants state that they are bona fide purchasers having no knowledge of the proceedings. It is stated in the application that the applicant No. 1 purchased the property from respondent Nos. 1 and 2 i.e. original defendant vide Register Sale Deed dtd. 25/9/2018, when the appeal was pending before the appellate Court. The applicant No. 1 was not aware about the pendency of the appeal. Neither did the applicant No. 1 gave any kind of public notice in newspaper. The applicant No. 1 is in the business of sale and purchase of properties. In the sale deed dtd. 25/9/2018, it is not mentioned about the pending litigation. After the appellate Court passed the decree on 21/6/2018 and after filing of this Second Appeal on 29/9/2018, so also after filing of this Civil Application for stay on 4/5/2019, much latter on 29/4/2022, the applicant No. 1 sold the suit property in favour of applicant No. 2. The applicant No. 2 was not aware about the pendency of the litigation. The applicant No. 2 also did not make any kind of publication in newspaper. After, receiving knowledge of the present litigation the applicants have filed the present application. FACTS :