(1.) THIS writ: petition is filed against the order dated 22.8.2011, passed in O.S. No. 78/2004, on the file of Addl. Senior Civil Judge and CJM, Tumkur on an application filed under Order I Rule 10 of CPC. The petitioners who are the plaintiffs had filed the application under Order I Rule 10 of CPC
(2.) "The relevant facts of the case are that the husband of the 1st petitioner and the father of the 2nd and 3rd petitioners have filed a suit in O.S. No. 78/2004 seeking a relief of specific performance of agreement dated 19.4.2004. It is the case of the petitioners that the plaintiff has been missing since the year 2009
(3.) I have heard the Learned Counsel for the petitioners.