(1.) The present appellants, who are the original defendant Nos. 3,4 and 5 have challenged the order dtd. 18/1/2019, passed by the learned Civil Judge, Senior Division, Aurangabad (herein after referred to as " learned trial Court) below Exh. 292 in Special Civil Suit No. 160 of 2001. Under the impugned order, the learned trial Court, by partially allowing the aforesaid application below Exh. 292, has struck off the defence of the present appellants in the said suit as per Order XXXIX Rule 11 of the Code of Civil Procedure.
(2.) The brief facts giving rise to the present appeal are as under :-
(3.) The learned trial Court, vide, order dtd. 20/7/2002, decided the said application (Exh.68) and restrained all the defendants, who are the present appellants and respondent Nos. 3 and 4 from selling, alienating or creating any third party interest over the suit land till disposal of the main suit.