(1.) THIS petition is preferred being aggrieved by the order passed in Misc. Civil Application No. 10/2009 with brief facts as follows:
(2.) ON dated 26th August 2011 an application Exh. 50 had been preferred interalia urging that there was a need to frame a preliminary issue. respondent No.1 original plaintiff filed Civil Suit No. 206/2002 before Senior Civil Judge, Bharuch for declaration that the documents dated 29th December 2001 and 19th January 2002 executed by respondent No. 2 herein in favour of respondent No. 3 are null and void.
(3.) THE parties filed a compromise purshis Exh. 213 by amicably settling their disputes. The order was passed on 29th May 2009 and with consent decree was drawn on the basis thereof on 19th June 2009.