VARGHESE IDICULLA Vs. STATE OF MAHARASHTRA THROUGH ITS

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith.

(2.) This petition arises out of orders passed in mutation proceedings. The petitioners had filed Special Civil Suit No. 207/08 against Vinod Keshao Harnare and Santosh Keshav Harnare praying for decree for declaration that he is the owner of Survey No. 38, admeasuring 2.64 hectare, situated at Village Chinora. The petitioners had further prayed that the sale-deed executed in favour of Prabhakar Sadashiv Dhavas (Defendant No. 3 in that civil suit) on 22/02/2008 be declared as null and void. This civil suit is decreed in favour of the plaintiff by the judgment dated 03/01/2012. During the pendency of this civil suit, the present respondent nos. 3 and 4 purchased the agricultural land in question from Prabhakar Sadashiv Dhavas by the sale-deed executed on 14/09/2010.

(3.) The learned advocate for the respondent nos. 3 and 4 has submitted that the judgment and decree passed in Special Civil Suit No. 207/08 is challenged by them before the District Court and as they were not party to the special civil suit, an application seeking permission/leave to file appeal is also filed. It is submitted that the application seeking leave to file appeal is pending since 2012.