D. C. SRIVASTAVA, J.

( 1 ) IN this Second Appeal the following substantial question of law was formulated : whether the Appeal in District Court was maintainable at the instance of a third party ?

( 2 ) THE brief facts are that the present appellants of this Second Appeal were respondent Nos. 1 and 2 in the First Appeal. The First Appeal was filed by Rajgor ganpatram Vallabhram, a third party who was not a party in the trial Court.

( 3 ) THE plaintiffs filed a suit for declaration that they are the owners of 1 Acre - 30 Gunthas of land and that the Government or the Gram Panchayat is not its owner. Further declaration was sought that Mamlatdar, holding inquiry under Sec. 37 of the Bombay Land Revenue Code has no jurisdiction to go ahead with the inquiry. Another relief was that the construction allegedly made by the Panchayat or the government over the disputed land be demolished and the last relief was in the nature of permanent injunction restraining the defendant from interfering with the possession of the plaintiffs over the land in dispute.

( 4 ) THE trial Court decreed the suit and granted declaration that the plaintiffs are the owners of disputed land at Sr. No. 1084 admeasuri

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