MOHINIRAJ PRABHAKAR RAJHANS Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard both the sides by consent for final disposal.

(2.) The present petition is filed to challenge the order made by the learned Civil Judge, Senior Division, Newasa in Regular Civil Suit No.165/2015. The suit is filed by present respondent No.4 for relief of injunction and following relief is claimed :-

(3.) It is the case of the plaintiff that the land Survey No.629/2 was given for cultivation by the Government to the plaintiff in the year 1964-65 and since then he has been in possession. This Court asked learned counsel for the plaintiff to show record of giving lease hold rights but there is no such record. Learned counsel showed to this Court only entry made in the crop 3 WP 9648 of 2016 cultivation column. On the other hand, learned counsel for the petitioner, who wants to intervene in the suit as defendant, submitted that the suit property was belonging to the ancestors of the petitioner. It was acquired for percolation tank by the Government in the year 1967 and after that in the year 1977 lease hold rights were given to the ancestors of the petitioner. Again order was made in the year 2015 and lease hold rights were given to the petitioner and in spite of this circumstance, the suit for aforesaid relief is filed behind the back of the petitioner.