SHOBHARAJ Vs. CHANDRAPPA

JUDGEMENT

(1.) IN this writ petition the petitioners have prayed for a writ in the nature of certiorari to quash the order dated 28. 02. 2005 in misc. No. 81/2002 passed by the Civil judge (Senior Division)at Raichur allowing I. A. No. 7 filed under section 151 CPC and consequently dismissing Misc. No. 81/2002 as not maintainable.

(2.) PETITIONERS filed O. S. No. 48/1993 against the respondents for a decree of declaration of title and permanent injunction. This suit came to be dismissed for non - prosecution on 23. 07. 2001. Aggrieved by this order of dismissal the petitioners filed Misc. No. 81/2002 under Order 9 rule 9 CPC. In Misc. 81/2002 the respondents filed I. A. No. 7 under Section 151 CPC for dismissal of miscellaneous petition as not maintainable. The Trial court after hearing both the parties passed the impugned order allowing I. A. No. 7 and consequently dismissing the miscellaneous petition. Hence, this petition.

(3.) HEARD arguments on both the side and perused the entire writ papers.