1. Rule. Rule is made returnable forthwith. Heard finally, at the stage of admission itself, by consent of Mr. Rananaware, learned counsel for the Petitioners, and Mr. Patil, learned counsel for the Respondents.

2. By this Petition, filed under Article 227 of the Constitution of India, the Petitioners are challenging the order dated 4th October 2017 passed by the District Judge-3, Satara, thereby allowing the Miscellaneous Civil Appeal No.96 of 2017, which Appeal was preferred by the Respondents herein challenging the order dated 6th May 2017 passed by the 7th Joint Civil Judge, Junior Division, Satara, below “Exhibit-5” in Regular Civil Suit No.480 of 2014.

3. The Petitioners herein are the Original Plaintiffs, who had filed the Suit for declaration that, they are the owners and in possession of the suit property and for perpetual injunction, restraining the Respondents from creating obstruction to their peaceful possession over the suit property. Along with the Suit, they had filed the application for interim injunction at “Exhibit-5”, which came to be allowed by the Trial Court. However, in the Civil Miscellaneous Appeal preferred against the same, the order of interim injunction granted by the Trial Court came to be vacated.

4. The case of the Petitioners is that, the agricultural lands, bearing Gat No.169, admeasuring 40 R, situate at Mouje Ambavade, and Gat No.461, admeasuring 70 R, situate at Mouje Bhondawade, Taluka and District Satara, were owned by them. The predecessor of the Respondents, namely, 'Bajirao Khetri Gujar' was the protected tenant in the said lands. The Petitioners' predecessor had, therefore, filed Tenancy Case No.54 of 1962, under Section 33-B of the Bombay Tenancy and Agricultural Lands Act, 1948, for recovery of possession of the agricultural lands to the extent of 20 R, out of Gat No.169, and 63 R, out of Gat No.461. The said proceedings were decided in favour of the Petitioners' predecessor on 31st July 1962 and the Respondents' predecessors were directed to handover possession of the said portion of the lands. As per the Petitioners, the possession of the said portions of the lands, which formed the subject matter of the Suit, was, accordingly, delivered to them in the year 1968 by executing the Possession Receipt (Kabjepatti). The mutation entry to that effect, bearing Mutation Entry No.10, was certified in respect of the suit land, bearing Gat No.461 at Village Bhondawade; while Mutation Entry No.60 was certified in respect of the land bearing Gat No.169 at Village Ambavade. According to the Petitioners, since then, they are in peaceful possession and enjoyment of the suit properties.

5. However, in the meanwhile, the Respondents had initiated Tenancy Proceeding No.31/Ambavade and 20/Bhondawade for purchasing the remaining portion of 20 R, out of Gat No.169, and 7 R, out of Gat No.461. Accordingly, “32-M Certificate” was issued in favour of their predecessor. However, while issuing “32-M Certificate”, the entire area of Gat Nos.169 and 461 was wrongly mentioned in the said Certificate. Therefore, the Petitioners initiated proceedings by filing R.T.S. Appeal No.77 of 1985 for cancellation of the mutation entries certified in respect of the whole Gat Nos.169 and 461 in the name of the Respondents' predecessor. The said Appeal has been allowed by the Sub- Divisional Officer, Satara, by an order dated 26th November 1985. The Respondents challenged the said order by filing Second Appeal No.28 of 1981, but not succeeded therein. The Petitioners thereafter filed Tenancy Inspection Application No.102 of 1993 and Tenancy Appeal No.103 of 1993 for correction of “32-M Certificate” issued in favour of the Respondents' predecessor. The same has been allowed by the Sub- Divisional Officer, Satara, by an order dated 30th March 2002. Accordingly, the names of the Petitioners and Respondents are recorded in the Revenue Record of Gat No.169 and Gat No.461 to the extent of their areas as per the Mutation En