SHAIKH ABDULLAH AND ORS. Vs. SAKHARAM AND ORS.

JUDGEMENT

(1.) These Appeals From Order have been filed by original Defendant Nos. 1 to 4 being aggrieved by the Common Judgment dated 7th October 2006 passed by District Judge, Udgir allowing the Appeals and remanding matters, in Regular Civil Appeal No. 72 of 2006 and Regular Civil Appeal No.71 of 2006, which Appeals were filed by Respondent No.1 Sakharam Vasaram Pawar (in Appeal From Order No.86 of 2007) and Zimmabai w/o Sakharam Pawar (in Appeal From Order No.96 of 2007) respectively as their Suits being Regular Civil Suit No.133 of 2005 (filed by Sakharam) and Regular Civil Suit No.135 of 2005 (filed by his wife Zimmabai) had been dismissed as hit by provisions of ResJudicata.

(2.) Brief reference needs to be made to the facts of the matter and history of litigation:

(3.) Sakharam having lost the litigation up to the Hon'ble Supreme Court, has subsequently filed Regular Civil Suit No.133 of 2005 and his wife Zimmabai filed Regular Civil Suit No.135 of 2005 against legal representatives of Munshi Mohammad Saheb and legal representatives of Abdul Latif Munshi. If the plaints in both the Suits are compared, they are verbatim similar except for where reference is being made to Sakharam or his wife Zimmabai. The present Suits filed by Sakharam and Zimmabai claim declaration of ownership of same Survey No.205 and claim that they are in possession and injunction should be given against the Defendants, legal representatives of Munshi Mohammad Saheb and others. If the plaint filed by Sakharam is considered, he claimed that he and one Manmatha Hawgirao Deorai had jointly purchased Survey No.205 to the extent of 9 Acres with the boundaries as shown in the plaint from Abdul Latif (the Defendant No.1 of earlier litigation) by registered sale deed dated 29th January 1982. Sakharam claimed that he and Manmatha were joint owners of this property and as per oral negotiation between him and Manmatha, Manmatha sold his share out of the property to Zimmabai, the wife of Sakharam vide registered sale deed dated 2nd July 1987. Plaints, in both the Suits, claimed that the Plaintiffs are owners and absolute possessors of the land Survey No.205 of 1 Hectare 82 R with boundaries as per the sale deed. In both the Suits then there is claim of boundaries "as per current situation" in which one part is shown to be with wife Zimmabai and one part with Sakharam. With this difference, the Suits again referred to the same history of the properties that the properties were obtained by Abdul Latif and one Faijuddin by way of Hibanama and that they had exchanged properties and had then been in possession of respective shares and that Abdul Latif was in continuous possession of Survey No.205. In this litigation, Plaintiffs Sakharam and Zimmabai have joined the legal representatives of Abdul Latif also as Defendants. Reference is made to the earlier litigation of Regular Civil Suit No.198 of 1986 and how the matter went upto the Supreme Court and came to be dismissed. Then present Suits claim that the Defendant Nos. 1 to 4 played fraud on Court. It is claimed that in the earlier suit inspite of Mutation Entry No.15, the earlier Plaintiff had brought fraudulent case that he was owner and in possession of Survey No.205 and allegations have been made of collusion with T.I.L.R. Authorities.