IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO. 5961 OF 2008 WRIT PETITION NO. 5961 OF 2008 WRIT PETITION NO. 5961 OF 2008. Prema Ramjibhai & Anr ..Petitioners. V/s. Smt Niluben Dhiraj Rathod & 4 Ors ..Respondents. Mrs Pramila S. Bhaingude, Advocate for the Petitioner. Ms Teja Katdare,Advocate for the Respondent Nos. 1 to 4. CORAM: V. C. DAGA, J. CORAM: V. C. DAGA, J. CORAM: V. C. DAGA, J. DATED: 16.09. 2008. DATED: 16.09. 2008. DATED: 16.09. 2008. P.C.: P.C.: P.C.: ---- ---- ---- 1. Heard learned counsel for the Petitioners. Perused the petition. 2. This petition is directed against the order dated 1.7.2008 passed in the Appeal by the Deputy Collector, Daman challenging order dated 27.11.1998, whereby it was declared that the residential house absolutely belong to Dahya Bhikja, Fakir Bhikha and Karsan Bhika However, the name of Prema Ramji and Ratilal Ramji were ordered to be entered in the other rights column since they were in possesion of the portion of the house as a licencee of the confirmed owner. 3. During pendency of the appeal, it appears that the sale of the subject property has taken place and the property appears to have been transferred in the name of Shri Haribhai Fakirbhai Damania. 4. It was sought to be contended that the sale of property is not in accordance with the law since it has taken place during pendency of the appeal before the Deputy Collector. Hence, the petitioner prayed for setting aside sale. While deciding the appeal the Deputy Collector has recorded a finding that the appellant, if at all, is aggrieved by the sale of the property, then, it would be open for the appellant to challenge the same by instituting a proper proceeding in the appropriate forum. No exception can be taken to this part of the order. The view taken is a reasonable and possible view substantive in law. 5. Having seen the order and the reasons given, no case is made out to interfere with the impugned order. Petition is dismissed in limini with no order as to costs. (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.)