MAHADEV Vs. RUKMANI

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. By consent of the learned counsel appearing for the parties the Petition is taken for hearing and disposal.

(2.) Petitioners have filed this Petition challenging the order dtd. 17/2/2018 passed by the Minister-Revenue, allowing the Revision Application filed by Respondent Nos.1 to 9 and setting aside order dtd. 5/8/2015 passed by the Additional Commissioner, Pune, order dtd. 21/11/2009 passed by the Additional Collector, Solapur, and confirming the order dtd. 29/8/2007 passed by the Sub Divisional Officer. The issue involved in the present Petition is about permissibility of Revenue Authorities to handover possession of the land in question to Respondent Nos.1 to 9 in execution of decree dtd. 23/9/1980 passed by the Civil Judge Junior Division, Karmala in Regular Civil Suit No.184 of 1972. It is Petitioner's contention that in a separate suit bearing Civil Suit No.171 of 1969 instituted by the predecessor in title of Respondent Nos.1 to 9, the Civil Court had declined the relief of possession of the land in question and therefore execution proceedings in Regular Civil Suit No.184 of 1972 cannot be misused for the purpose of gaining possession of the land, which has been declined by way of decree dtd. 23/9/1980 passed in Civil Suit No.171 of 1969. Also involved is an issue of propriety on the part of the Minister-Revenue in deciding the merits of Revision when the Order of the Additional Commissioner only directed abatement of First Revision against three deceased parties without decision on merits. B. FACTS

(3.) Narration of brief factual background as a prologue to the judgment would be necessary. The land bearing Gat No.109 admeasuring 8 Acres 25 gunthas was originally owned by Maruti Ramu Atole who died on 10/2/1966, leaving behind Sonabai (wife), Babu (grandson) and Kantabai, Shantabai, Kusum (granddaughters) and Subhash (grandson). Babu Dagdu Kantode executed registered Sale Deed of the land in favour of Govind Ravsaheb Khatmode on 25/11/1966 without obtaining permission of the District Court for sale of share of Kantabai, Shantabai, Kusum and Subhash who were minors at that time. This is how Govind Ravsaheb Khatmode started claiming ownership in respect of the land on the strength of Sale Deed dtd. 25/11/1966.