JOTIRAM SHIVA PATIL Vs. DWARKABAI YASHWANT MARDANE

JUDGEMENT

(1.) Rule. With the consent of the parties made returnable forthwith and heard.

(2.) The above Petition takes exception to the Order dated 1 4 2011 passed by the Learned Principal District Judge, Kolhapur by which Order, the Application Exhibit 43 and 43A in Regular Civil Appeal No.126 of 2007 filed by the Original Defendant came to be allowed.

(3.) The brief facts necessary to be cited for adjudication of the above Petition are stated thus: The Petitioners herein are the original Plaintiffs in Special Civil Suit No.294 of 2002, filed by them for specific performance of the contract, for a direction that the Defendants be directed to execute a sale deed in respect of the suit property in their favour, and for a further declaration that the sale deed executed by the Defendant Nos.1 to 5 in favour of the Defendant No.6 is not binding upon them.