PRAKASH SHIVAJIRAO DESHMUKH Vs. SHIVAJIRAO RAMCHANDRARAO DESHMUKH

JUDGEMENT

(1.) HEARD Advocate Shri R. M. Borde for petitioners and Advocate Shri S. B. Agrawal for respondent Nos. 2 to 4. Respondent No. 1 is absent, although served.

(2.) THE revision petition challenges judgment and order dated 11-10-1993 delivered by Civil Judge (J. D.), Tuljapur, in Civil Miscellaneous Application No. 2/1993, thereby allowing review petition filed by original defendant Nos. 2 to 4/respondent Nos. 2 to 4, setting aside thereby Judgment and decree passed in Regular Civil Suit No. 21/1982 by his predecessor on 30-12-1992.

(3.) REGULAR Civil Suit No. 21/1982 was filed by present revision petitioners against four defendants and present respondent Nos. 1 to 4 were defendant Nos. 1 to 4 in the suit. (Henceforth parties shall be referred to as plaintiffs and defendants Nos. 2 to 4 for the sake of convenience ). Plaintiffs had filed suit for declaration in respect of sale deed dated 9-12-1971 executed by defendant No. 1 - Shivajirao in favour of defendant Nos. 2 and 3 that the same was not binding on the plaintiffs. They had also prayed for cancellation of the same and possession of the subject land. The suit was decided by Judgment dated 30-12-1992, in favour of plaintiffs. It was declared that sale deed dated 9-12-1971 executed by defendant No. 1 in favour of defendant Nos. 2 and 3 was not binding on plaintiffs and defendant Nos. 2 and 3 were directed to handover possession of the suit land to the plaintiffs within one month from the date of order.