S.S. SHINDE, J.

1. This Civil Application is filed for recalling the order dated 23.12.2011 passed in Second Appeal No. 356/2001, thereby disposing of the Second Appeal in terms of compromise arrived between the parties to the Second Appeal.

2. The learned Senior Counsel appearing for the applicant submits that the applicant was not aware about the filing of Second Appeal by respondent nos. 2 and 3, and respondent No. 1 also did not inform the applicant about the pendency of Second Appeal. Respondent nos. 2 and 3 therein filed Regular Civil Appeal No. 183/1995 before the District Court, Aurangabad. Being aggrieved by the judgment and order dated 29.06.1995 passed in Regular Civil Suit No. 475/1994, the said Appeal was allowed and the judgment and decree dated 29.06.1995 passed in Regular Civil Suit No. 475/1994 was set aside. Being aggrieved by the said judgment and order by the First Appellate Court, the appellant preferred Second Appeal. The Appeal was admitted.

3. It is submitted that though respondent nos.2 and 3 in Appeal were restrained from alienating the suit property, still respondent No. 3 herein executed a sale deed dated 18th August, 2006 in faovur of respondent nos.9 and 10 and sold 20 R. land from Gat No. 88 for consideration of Rs.5 lacs. It is submitted that since respondent nos.9 and 10 were well aware about the pendency of the Second Appeal and the stay order dated 20.12.2001, still respondent nos. 8 and 9 in collusion with respondent No. 3 got executed the sale deed in respect of suit land bearing Gat No. 88. Therefore, respondent No. 1 filed Contempt Petition No. 34/2007 and prayed for taking necessary action against the concerned respondents including respondent nos.3, 9 and 10. The said Contempt Petition came up for hearing before the High Court, and the Court observed that the sale deed executed by respondent No. 3 in favour of respondent nos.9 and 10 is contrary to and in violation of the order dated 20.12.2001 passed in Civil Application No. 5439/2001 in Second Appeal No. 356/2001. Accordingly, by order dated 02.07.2007, the High Court appointed the Court Receiver in respect of the entire suit property, including the portion sold to respondent nos. 9 and 10. The Contempt Court has also restrained respondent nos.3, 9 and 10 from alienating the suit properties including Gat No. 88. The learned Senior Counsel invited my attention to the order dated 02.07.2007 passed in Contempt Petition No. 34/2007.

4. It is submitted that in spite of stay order dated 20.12.2001 passed in Civil Application No. 5439/2001 in Second Appeal No. 356/2001 and in Contempt Petition No. 34/2007, the public proclamation for selling the suit property bearing Gat No. 88 was published in daily news paper dated 25.06.2009. It was stated in the said proclamation that there is agreement to sell in respect of the said suit land and if anybody has objection, he should submit the said objections to the concerned Advocate. Since there was again violation of the interim orders passed by the High Court, therefore, respondent No. 1 again filed Contempt Petition No. 251/2009 in Contempt Petition No. 34/2007. On 28.08.2009, the High Court issued notices in Contempt Petition No. 251/2009. It is submitted that though the various proceedings were pending before the Court, still respondent No. 1 did not inform the applicant anything about the said proceeding. The applicant was not joined as a party respondent to the said proceedings. The applicant was not aware about the said proceedings. Respondent No. 1 as well as respondent Nos.2A to 2F and 3 were very much aware about the execution of sale deeds dated 26.02.1998 and 29.09.1998 in favour of the present applicant. Still the said respondents tried to compromise the matter by overlooking the right of the present applicant. The applicant came to know about the said fact in the month of November 2011, and thereafter, immediately i.e. on 07.12.2011, the applicant filed Civil Application No. 15083/