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11. Further, the argument of the learned counsel for the appellants that respondent No.5 - Society had filed a civil suit for declaration that they are the owners of the land in question, which suit was dismissed as withdrawn, which act begs for consideration of this Court as the same shows that there is cloudlet on the aspect of ownership of lane in question.

12. It may be noticed that once there is a sale deed, mere seeking declaration on the basis of the said sale deed, which suit for declaration was withdrawn, must be based on the advise that there is no need for filing of suit for declaration once there is a sale deed in favour, unless and until the same is disputed and in the present case, the said sale deed dated 24.06.1966 has not been disputed even by the appellant and therefore, withdrawal of the said civil suit will not give any right to the appellants or will create any hindrance against respondent No.5 - Society to claim the ownership of the land in question on the basis of the sale deed.