CHANDRAKANT MADHAV MANE Vs. SURENDRA TUKARAM MANE

JUDGEMENT

(1.) This writ petition is listed for preliminary hearing - B group.

(2.) I have heard learned counsel for the petitioners and perused the material on record.

(3.) Petitioners herein are plaintiff Nos.1 to 8 in O.S.No.87/2011. The said suit has been filed by them seeking the relief of partition and separate possession of their half share in the suit schedule properties. Another prayer sought for by them is to declare that the compromise decree passed in O.S.No.79/2010 dated 19.03.2010 on the file of the Principal Civil Judge and JMFC, Chikodi is not binding on them. Alternatively, plaintiffs have sought for possession of the suit schedule properties. In response to the plaint, the defendants appeared and filed written statement and counter claim under Order VIII Rule 6C of the Code of Civil Procedure, 1908 (CPC). In response to the counter claim, plaintiffs filed an application under Order VIII Rule 6C of the CPC seeking exclusion of the counter claim by the impugned order dated 08.03.2013. The said application has been dismissed. Being aggrieved, plaintiffs have preferred this writ petition.