1. Applicant Village Panchayat, Antora, the original defendant in the Regular Civil Suit No. 2/2011 has put to challenge the order dated 22.09.2011 (below Exh.1) passed by learned Civil Judge, Junior Division Ashti, with a further prayer to dismiss the Suit as not maintainable.

2. The applicant Village Panchayat Antora is governed by the provisions of the Maharashtra Village Panchayats Act (hereinafter referred to as “the said Act “in short). The nonapplicants filed RCS No.2/2011 in the Court of Civil Judge, Jr. Dn. Ashti and challenged the letter dated 17.02.2011 and notice dated 26.04.2011 and resolution of Gram Sabha dated 25.04.2011 and 26.04.2011 as illegal, null and void, without jurisdiction and also sought permanent injunction from damaging/demolishing the construction over the suit site. In the Suit, the nonapplicants stated that Plot No. 127 in Ward No.2 village Antora admeasuring 45 x 45 is owned by them and they are in possession since 1962 with mutations in their name with Village Panchayat, Antora. None objected to their possession. On 22.12.2010 they submitted an application with map for proposed construction of a house and since there was no communication fro