THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR CIVIL REVISION PETITION NO.2627 OF 2002 20.07.2011 Between: A. Venkata Reddy and another … Petitioners And Kolla Appa Rao (died) and others … Respondents THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR CIVIL REVISION PETITION NO.2627 OF 2002 ORDER: This revision is by the objection petitioners, who claim to be in possession of the land in question under agreements of sale which are marked as Exs.01 and 02 by the primary tribunal. The objections were raised by the petitioners at the stage of surrender and the same were rejected by the primary tribunal. The appeal filed there against was dismissed under the impugned order. The impugned order of the appellate authority observed that the declaration proceedings attained finality by order in C.R.P. No.5128 of 1981 dated 2.6.1987, holding that the agreements of sale relied upon by the petitioners herein are neither true nor executed in good faith and as such the petitioners are not bona fide purchasers. Thereupon, the declarant proposed to surrender the land in question towards excess land which was again subject matter of adjudication as to whether the State can object to such surrender and it was finally decided in C.R.P. No.1408 of 1988 dated 1.4.1992 by this Court holding that when once agreements of sale are disbelieved and the land is computed in the holding of the declarant, there is no reason as to why the State should not accept the said land towards surrender of excess of land. The State was therefore directed to follow the procedure by issuing Form- VIII notice. In response to such notice issued, the petitioners filed objections raising self-same proposition which was rejected by the primary tribunal and has been confirmed by the lower appellate tribunal under the impugned order. The issue with respect to the validity and enforceability of the agreements of sale, as pleaded by the petitioners, has therefore attained finality at least on two occasions by orders of this Court referred to above. Even otherwise, when this revision petition was admitted on 12.7.2002 there was no interim order in favour of the petitioners. In all probability, surrender proceedings must have been completed by now. In that view of the matter, it cannot be said that the order under revision warrants any interference. The Civil Revision Petition is accordingly dismissed. No costs. _______________________ VILAS V. AFZULPURKAR, J 20-07-2011 bnr