1. Rule, with the consent of the parties made returnable forthwith and heard.

2. The writ jurisdiction of this Court under Article 227 of the Constitution of India is invoked against the Order dated 17/09/2010 passed by the learned 6th Joint Civil Judge, Junior Division, Satara on the ApplicationExhibit-40 filed by the Respondents herein in Regular Civil Suit No.19 of 2009 filed by the Petitioner.

3. The facts to be cited for adjudication of the above Petition are stated thus :The Petitioner is the original Plaintiff and the Respondents herein are the original Defendants. The subject matter of the said suit is Gat No.850 bearing Old No.831 situated at Mauje Degaon, Taluka and District Satara which land totally admeasuring 5 Hectares 74 Are. The said suit as original filed was for a declaration that the sale deed dated 31/10/2008 was got executed from the Plaintiff by playing fraud on him. It was the case of the Plaintiff in the said suit that he along with the parents of the Defendants i.e. Laxmangiri Ramgiri Gosawi and Kusum Laxmangiri Gosawi collectively purchased the suit property by two registered sale deeds dated 2/8/1994 from one Smt.Sarubai Bapurao Ghadge and Jijabai Sakharam Ghadge. It was further his case that each of the said purchasers had 5 Anna and 4 Paisa share in the suit property. It is further the case of the Petitioner that the said Laxmangiri Ramgiri Gosawi died in August 2008. The present Defendants who are the sons of the said Laxmangiri and Kusum Gosawi approached the Petitioner some time in August 2008 and stated to him that for the development of the property it is necessary that the property be subdivided according to the share of respective parties. It is further the case of the Petitioner that the Defendants further stated that since the Petitioner has difficulty on account of his advance age, partition deed would be kept ready and that as and when they called him, he should come only for affixing his signature before the Sub-Registrar. According to the Plaintiff, the Defendant Nos.1 and 2 called the Plaintiff on 31.10.2008 at 5.45 pm in the office of the Sub-Registrar and on the pretext that office is going to be closed soon within few minutes took his signature in the late evening at about 6.20 pm on the purported partition deeds. It is the case of the Plaintiff that he came to know that the said documents are in fact two separate sale deeds respectively of his 1/2 share each executed in favour of the Respondent Nos.1 and 2 respectively and the consideration of each alleged sale deed is shown as Rs.32,500/-. It is in the said circumstances that the Petitioner was constrained to file the said Regular Civil Suit No.19 of 2009 for a declaration that the sale deeds dated 31/10/2008 were got executed from the Petitioner by playing fraud. The substantive relief as sought in the said suit was for a declaration that the sale deeds dated 31/10/2008 are not binding upon the Petitioner as they are illegal without consideration and are therefore not binding upon the Petitioner.

4. The Plaintiff after the filing of the suit came to known that the Defendant Nos.1 and 2 have executed sale deed dated 15/12/2008 in favour of the Respondent Nos.3, 4 and 5 herein by which the land admeasuring 3 Hectares 82.66 Are out of the said land was sold by them to the Respondent Nos.3 and 4 for consideration of Rs.Twenty Four lacs. The Plaintiff thereafter applied for amendment and amended the plaint by adding consequential prayer that the sale deed dated 15/12/2008 executed by the Defendant Nos.1 and 2 in favour of the Defendant Nos.3 to 5 is not binding on the Plaintiff and for impleadment of the Respondent Nos. 3 to 5 herein. The said application was accordingly allowed, and resultantly the Respondent Nos.3 to 5 were impleaded as the Defendants in the said suit and prayer clause A(1) came to be added for a declaration that the so called sale deed executed by the Respondent Nos.1 and 2 in favour of the Respondent No