1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3938 OF 2009 Shri Suraj Ramesh Parmar and ors .. Petitioners Vs Shri Kewal Kishan Monga and ors .. Respondents Ms Gauri Godse, i/b Anulata Soundalkar for the petitioners. Mr. S.N.Oak i/b, Sagar Joshi for Respondent no.1. CORAM : D.B.BHOSALE, J. DATE : 07/11/2009 PC: 1. Heard learned counsel for the parties. Rule. By consent, rule made returnable forthwith. Learned counsel appearing for respondent no.1 waives service. By consent of the learned counsel for the parties, the petition is taken up for hearing and final disposal at the admission stage itself. 2. This writ petition challenges the order dated 7.11.2008 passed by the Maharashtra Revenue Tribunal allowing the Revision Application, bearing No.56/B/2004, filed by respondent no.1 and setting aside the judgment and order dated 30.4.1993 passed by the S.D.O, Thane in Tenancy Appeal No.14/91. The T 2 MRT set aside the order of the S.D.O and confirmed the order of ALT, Thane dated 28.10.1988, by which respondent no.1 was declared as deemed purchaser and the purchase price under section 32G of the B.T. And A.L Act (for short, “the Act”) was fixed. Admittedly, the petitioners were not parties to the appeal and the Revision Application. It appears that 32G proceedings were also initiated and concluded in favour of petitioner nos 2 to 20 and 32M certificate was also issued in their favour in respect of the very same land, which is the subject matter of this petition. The order declaring petitioner nos 2 to 20 as deemed purchasers under section 32G of the B.T. & A.L.Act was passed on 31.5.2004. Admittedly, in those proceedings respondent no.1 was not a party. Thus, it appears that both,i.e. petitioner nos 2 to 20 and respondent no.1, have been declared as deemed purchasers under section 32G of the Act in respect of the suit property independently. Petitioner no.1 is a purchaser of the suit property from petitioner nos 2 to 20 vide registered sale deed dated 21.4.2006. It is against this back drop, the learned counsel for the parties have fairly stated that I need not record detail reasons for setting aside the impugned order and for remanding the matter to the M.R.T. Hence, I pass the following order. (i) The impugned order dated 7.11.2008 passed by the 3 Tribunal in Revision No.Tenancy/Rev/56/B/2004 is set aside and the revision is restored to file. Respondent no.1 is directed to add all the petitioners as party opponents in the Revision Application within a period of two weeks from the date of receipt of this order. Ms Godse, learned counsel for the petitioners submits that the petitioners will, suo motu, appear in the Revision. Parties have agreed to appear before the Tribunal on 20.11.2009. The Tribunal shall hear and decide the revision afresh after giving an opportunity to the petitioners and other parties to the proceedings as expeditiously as possible and preferably before 15.1.2010. (ii)Ms Godse, learned counsel for the petitioners, makes a statement that the petitioners shall not carry out further construction in the suit property, i.e. Survey nos 194/13, 194/7 and 194/21, admeasuring 47 Ares, situated at village Owale, Dist-Thane till 15.1.2010. Her statement is accepted. If for any reason, the revision is not disposed of on or before 15.1.2010, liberty to respondent no.1 to apply, for continuation of the statement made by Ms Godse, before the MRT. (iii)It is open to respondent no.1 to challenge the order dated 31.5.2004 declaring petitioner nos 2 to 20 as deemed 4 purchasers in respect of the property in dispute in appropriate proceedings. If such proceedings are filed by respondent no.1, the petitioners shall have a right to challenge it on all grounds available in law including the ground of limitation. (iv)All contentions of the parties are kept open. (v) The order of status-quo dated 27.4.2009 passed by this court during pendency of this petition shall also remain operative till 15.1.2010. (vi)With these observations, rule is made absolute in terms of this order. No order as to costs. (D. B. Bhosale, J.)