1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.149 OF 2009 WITH CIVIL APPLICATION NO.176 OF 2009 Mamtabai Dada Ahire & Ors. ..Appellants V/s Valmik Damu Ahire & Ors. .Respondents ---- Mr. M.M.Sathye for the appellants. Mr.P.S.Dani with Santosh Patil for respondent nos.1 to 14. Mr.Manoj P. Mhatre for respondent no.2. ---- Coram : R.S.MOHITE,J Date : 20th August, 2009. PC 1 This is an appeal filed by the original plaintiff in Special Civil Suit No.66 of 2008 against the rejection of their application at Exhibit-5 in the suit. By application at Exhibit-5 plaintiff sought to prevent the defendant nos.11 to 14 from creating any third party rights in respect of the suit lands. It is an admitted position that by a registered sale deed executed on 27.4.1998 suit property as mentioned in paragraph-1B have been alienated in favour of defendant no.14. It is further admitted position that by further registered sale deed dated 8.2.2007 the property mentioned in para-1C of the plaint have been sold to defendant no.11. Plaintiff’s suit is for setting aside these two sale deeds. It is not seriously 2 disputed that the defendants’ claimed title through one Valmik. Plaintiff claims title through one Bhagi Savla. It was sought to be contended that the defendants had admitted that Valmik & Bhagi Savla were both co-sharers. Defendants however, contended that there was a partition which was recorded by mutation entry being mutation entry no.298 which was recorded and certified in the year 1989 and under which the properties of Valmiki were separated. These are the properties which are sold to defendant nos.11 & 14. In these backgrounds, in my view, the prima facie view taken by the trial Court cannot be said to be improper or perverse. I, therefore, declined to interfere in appeal. Appeal is therefore, summarily dismissed. 2 As appeal is dismissed, Civil Application No.176 of 2009 does not survive and stands disposed off accordingly. (R.S.MOHITE,J) 3