1. Heard the learned Assistant Government Pleader appearing on behalf of the Appellant and the learned Counsel appearing on behalf of Respondent No.2.

2. This second appeal is filed by the State of Maharashtra challenging the judgment and order passed by the 3rd Additional District & Sessions Judge, Kolhapur in Civil Appeal No.46 of 1984 whereby the learned District Judge was pleased to dismiss the appeal and confirm the Judgment and Order dated 15/10/1983 passed by the Trial Court in Regular Civil Suit No.571 of 1981.

3. Brief facts are as under:-

4. Respondents are original Plaintiffs and the Appellants are original Defendants. For the sake of convenience, parties shall be referred to as “Plaintiffs” and “Defendants”.

5. Plaintiffs filed a suit being Regular Civil Suit No.571 of 1981 for a declaration that orders passed by the authorities under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 are null and void and also asked for consequential reliefs in view of the judgment of the Full Bench of this Court in Shankarraoand others vs. State of Maharashtra 1980 Mh.L.J 888.The suit was decreed.

The first appeal filed by the State before the 3rd Addition