JUDGMENT

Gauri Godse, J. - This civil application is filed by a third party seeking leave to prefer an appeal for challenging the judgment and decree dated 18th July, 2016 passed by the learned District Judge-2, Shrirampur in Regular Civil Appeal No.12 of 2009.

BASIC FACTS:

2. By the judgment and decree passed in Regular Civil Appeal No.12 of 2009, the first appeal preferred by original plaintiff was partly allowed and the judgment and decree dated 30th December, 2008 passed by 2nd Joint Civil Judge, Junior Division, Shrirampur in Regular Civil Suit No.24 of 2004 was set aside and suit was partly decreed. Regular Civil Suit No.24 of 2004 was filed by Respondent No. 1/ Sumatilal Zumbarlal Gujarani ('Sumatilal') for declaration of his title and possession over the suit property being gut no. 129, admeasuring about 2 Hectares out of total area of 3 Hectares 62 R, on the basis of a registered sale deed dated 21st October 1991 executed by the original owner Ajitkumar Mirikar ('Ajitkumar'). In the said suit a prayer was made for challenging a subsequent sale deed dated 15th February 1999 executed by respondent nos. 2 to 4 (heirs and legal representatives of Ajitkumar) in favour of responden