(1.) By the present petition, the petitioners original plaintiffs in RCS No.1118/1998 have questioned the correctness and legality of the order dated 10.12.2002 passed by the 3rd Joint Civil Judge, Junior Division, Aurangabad in MARJI No.494/2002. It appears that Rule has been issued in this petition on 24.08.2004.
(2.) Heard learned counsel for the respective parties.
(3.) For better appreciation of the rival submissions it is necessary to advert to the few facts, which gave rise to file the present writ petition.