1. Rule. Rule made returnable forthwith. Petition is taken up for hearing immediately.

2. This writ petition is challenging the order passed by the learned C.J.J.D. Raver dated 20.6.2008 below Exh.41 in R.C.S. No. 92 of 2007.

3. The background facts of the case are as under:-

The petitioner is owner and possessor of the agricultural land bearing Gat No. 18/2 admeasuring 2 Hectare and 72 Are and Potkharaba 26 Are. Thus, the total area admeasures 2 Hectare 98 Are, situated at village Raslapur, Tq. Raver, District Jalgaon. The mother of the petitioner filed said civil suit on 23.10.2007 before the learned C.J.J.D. Raver.

The petitioner's mother died after filing of the suit. Hence, her name from the suit is deleted and the petitioner's name came to be brought on record in the suit as L.Rs. of original plaintiff. It is the further case of the petitioner that the land in question is covered under limitations as well as the under the provisions of Section 43 of the Bombay Tenancy and Agricultural Lands Act 1948 and nobody can enter in agreement contrary to the provisions of the said Act and till the date neither the petitioner has entered in agreement with anybody including the respondents in this petition nor there was agreement in the past by the petitioner or her mother. The petitioner is in possession of the suit property. She is cultivating the suit land personally and taking income from the same. Even prior to the death of her mother, both were cultivating the said land personally and enjoying the suit property.

It is further case of the petitioner that there is no source of water for the suit land and hence Shri. Mohammad Shafi Mohd. Iqbal, owner of Gat No.74 used to give water from his well through pipeline to the suit land on certain conditions from the petitioner as agreed from time to time. Hence, the petitioner can cultivate the crops only when the water facility is available.

The R.C.S. No. 71 of 1996 filed before the Civil Court Raver by Shri Ashok Bajirao and Shri Prakash Bajirao Chaudhari, the nephews of Late Rajaram Omkar Chaudhari with intent to get the share in the suit property on the basis of false bequeath of late Rajaram. The petitioner and her mother late Nababai had also filed Civil Suit against Shri Ashok and Prakash Bajirao Chaudhari bearing R.C.S. No. 76 of 1994 in the Civil Court, Raver. It is further case of the petitioner that her mother had borrowed a sum of Rs.20,000/- in the year 1996 from the respondent’s father Shaikh Abdulla Sk. Lal and the same amount was agreed to be returned after receiving the crops from the field. There was a stamp paper prepared by the respondent’s father and he might have obtained the thumb impression of the petitioner's mother. According to the petitioner, the amount was returned to the respondents’ father in October, 1997, however, the stamp paper was not returned to her by the respondents’ father and therefore, the said stamp paper is false and bogus. The stamp papers was used by the respondents to prepare agreement to sale of the suit land and on the basis of such bogus stamp paper, issued for preparation of the forged and fabricated documents, the respondent filed Special Civil Suit No. 191 of 2007 in the Court of learned C.J.S.D. Jalgaon against the petitioner and her mother for specific performance of contract.

It is the case of the petitioner that she got knowledge of filing of the said suit when she received summons. The respondents have filed an application for interim injunction against the present petitioner and prayed therein against the transfer of the suit property by the petitioners. The petitioners filed written statement in the said suit. The petitioners and her mother filed R.C.S. No. 92 of 2007 in the Court of learned C.J.J.D. Raver on 23.1.2007 to protect the possession of the petitioner from obstructions to the suit property from the respondents. The respondents filed written statement on 17.7.2007 in the said suit.

The petitioner herein