(1.) This appeal is filed by the appellants/original plaintiffs against Judgment and Order, dated 2.2.2013 passed by the learned District Judge1, Amravati in Regular Civil Appeal No.135 of 2006 whereby the appeal was dismissed. The said appeal arose from the Judgment and Order passed by the learned 6th Joint Civil Judge (Jr.Dn.), Amravati in Regular Civil Suit No.404 of 2005, whereby the suit was dismissed for want of jurisdiction in view of the finding below preliminary issue under Section 9A of the Code of Civil Procedure.
(2.) The facts, briefly stated, are thus :
(3.) The suit was filed. The prayer in the suit was; (i) for relief of declaration that the Sale Deed, dated 19.12.1997 executed by the plaintiff in favour of defendant no. 1 is void and, (ii) to restrain the defendants from dispossessing the plaintiffs on the basis of the said Sale Deed. Later relief (ii) was in effect to restrain the Bank from realising it's nonperforming assets under the SARFAESI Act. On 12.1.2006, a preliminary issue was raised before the trial Court objecting jurisdiction of the Court to entertain and try the suit.