1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 35 OF 2006 Office notes, office memoranda of Corum, appearances, Court’s orders or directions and Registrar’s orders. Court’s Judge’s orders. 1. Heard Shri. Darshan Pokharkar holding for Shri. N. B. Patil (Raiwadikar), counsel appearing for Appellant. This is an Appeal preferred by original plaintiff, whose Suit for declaration of ownership and injunction was dismissed in respect of S.No. 252/4 situated at village Murum, Tq. Omerga. The said Judgment and Decree is further affirmed in Appeal bearing R.C.A. No. 187 of 2004 decided by the 2 Additional District Judge, Omerga on 18/8/2005. The discussion in paragraph no. 11 of the Appellate Court’s Judgment clearly shows that as per the 7/12 extract and as per oral evidence, the defendant/ respondent had sold 1 H. 46 R. land out of S.No. 252/4 to one Rashid Maheboob. However, Rashid Maheboob is not made party to the Suit and still declaration and injunction is sought. The Suit is filed on 20/4/1993 and even in the 7/12 extract of the year 1992-93 which is at Exh. 67, the name of Rashid Maheboob was shown to be purchaser of 1 H. 46 R. In these circumstances, when Rashid Maheboob is not made party to the Suit, considering the totality and reasons given, in my opinion, this is not a case where 3 decree of declaration and injunction could have been issued in respect of entire S.No. 252/4. In this view of the matter, Second Appeal is not admitted and the same is dismissed. DATE : 30/06/2009 [ P.R. BORKAR ] JUDGE knp/SA35.06 4 5 6 7 8 9 10 11 12