LUNIYA MUNOT AND COMPANY v. THE STATE OF MAHARASHTRA

IN THE SUPREME COURT OF INDIA

LUNIYA MUNOT AND COMPANY Appellant(s)

THE STATE OF MAHARASHTRA & ORS. Respondent(s)

Leave granted.

This case has got a chequered history over a

property which was alienated partially in the year

1957 pertaining to survey No.46/2 admeasuring 4 Acres

and 21 Ares(R). The dispute still continues through

various forums. We do not wish to go into the various

dates and events involved in this case. What is

important to note is that the decree passed in the

suit being Civil Suit No.13/1956 filed way back in the

year 1956 also included survey No.46/2. The present

appellant is a purchaser pendente lite. In the civil

suit, it is the plaintiff No.1 and defendant No.1,

being the daughter and the mother who have made an

unequivocal statement acknowledging the factum that

the property belonging to them had been sold in favour

of the defendant Nos.3 and 4. After making the said

statement, they also prayed for deletion of their

names from the suit. Therefore, the names of defendant

Nos.3 and 4 along with the title and their holding for

survey No.46/2, along with the lands held by defendant

No.1 and the plaintiff No.1 in survey No.46/2 were

sought to be excluded.

The Trial Court by inadvertence, granted the

decree for this portion also....