FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE WRIT PETITION NO.7605 OF 2007 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr Pramod J. Pawar, for the petitioners. CORAM: D.B.Bhosale,J. DATED: 20.02.2008 P.C.: Heard learned counsel for the petitioners. This petition is directed against an order dated 19.4.2007, by which the application at Exhibit-308 in Spl.Civil Suit No.280 of 1996 filed by the petitioners has been rejected. In that application, the petitioners had prayed for rejection of the plaint on the ground that there was no cause of action against the defendants and hence the suit is barred by the provisions of law. Mr Pawar, learned counsel for the petitioners, submitted that the suit property was recorded in the name of the State and it had not been re-granted and, therefore, the State was a necessary party and since no notice under section 80 of CPC was issued, the plaintiffs had no cause of action to file the present suit. No other contention was raised before this Court. It reveals from the record and which could not be disputed by the learned counsel for the petitioners that the suit land being the Watan land and it had been re-granted in favour of the original Watandars as per the orders of the Revenue Minister. In view thereof, the Court below has rightly observed that the State is not a necessary party to the present suit apart from the fact that no relief has been prayed for against the State. At this stage, Mr.Pawar, learned counsel for the petitioners, submitted that the order of re-grant is the subject matter of Writ Petition No.3813 of 1996. However, he fairly stated that there is no order of stay granted by this court to the order of re-grant. In the circumstances, I find no merit in this petition. The writ petition is disposed of. (D.B.Bhosale, J.)