1 C.A.No.4877 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CIVIL APPLICATION NO.4877 OF 2011 IN FIRST APPEAL NO.1630 OF 2010 Mohd. Afsar Shamim Mohd Gaus ..APPLICANT VERSUS Abdul Rahim Waziruddin & ors. ..RESPONDENTS Mr R.R. Mantri, Advocate for the applicant; Mr S.S. Kazi, Advocate for respondents no.1 & 2; Mr A.M. Karad, Advocate for respondents no.3 & 4 CORAM : MRS MRIDULA BHATKAR, J. DATE : 14th September, 2011 PER COURT : This application is made by the applicant for adding him a party respondent to the proceedings of this appeal. 2. Special Civil Suit No.435 of 2007 for specific performance was filed by respondents no.3 & 4 against respondents no.1 & 2. The said suit was decreed and against the said judgment and decree the respondents no.1 & 2 have filed the present First Appeal. It is submitted by the learned Counsel for the applicant that the power of attorney holder of respondents no.1 & 2 has entered into a deed of conveyance for the same land which is a suit land in Special Civil Suit No.435 of 2007 and 2 C.A.No.4877 of 2011 the decree is obtained by respondents no.3 & 4. It is submitted that the suit land is a Government land and, therefore, the permission of the Collector to sell the land is required, which was not given for the sale transaction between respondents no.1 & 2 and respondents no.3 & 4 and, therefore, he is a necessary party to this proceedings. 3. The application is opposed by the respondents. Respondents no.3 & 4/original plaintiffs have entered into an agreement of sale with respondents no.1 & 2/original defendants on 27.10.2004. Thereafter suit was filed and judgment was passed in Special Civil Suit No.435 of 2007 on 31.3.2010, wherein the sale deed between the present applicant and the power of attorney holder of respondents no.1 & 2 was executed on 11.6.2010, which is subsequent to the decree. However, a permission granted by the Collector to this sale is produced. Both the parties have made allegations against each other of the fraudulent transactions. In view of these submissions, I am of the view that the applicant is to be added a party respondent to this appeal. Application is allowed. ( MRS MRIDULA BHATKAR, J.) amj/ca4877.11