KUSUM ARUN SALUNKHE Vs. GULABRAO SUKLAL PATIL

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by the consent of the parties.

(2.) This petition is directed against the order dtd. 2/11/2015 passed by the learned Joint Civil Judge, Senior Division, Dhule, in Civil Misc. Application No.404/2013, thereby allowing the application filed by respondent Nos. 1 and 2, under Order 9 Rule 13 of the Code of Civil Procedure (for short C.P.C.), seeking restoration of Special Civil Suit No.25/2007.

(3.) The petitioners filed Special Civil Suit No.25/2007 for partition, separate possession of the suit property and for the declaration that transactions of the suit property done by defendant Nos. 1 and 2 (i.e. respondent Nos. 3 and 4 herein) in favour of defendant Nos. 3 and 4 (i.e. respondent Nos. 1 and 2 herein), be declared null and void and not binding upon the petitioners - plaintiffs. The suit proceeded ex-parte against all the defendants and was decreed by the judgment dtd. 19/3/2010.