ABASAHEB AND ORS. Vs. USHA AND ORS.

JUDGEMENT

(1.) RULE . Rule made returnable forthwith. Heard learned counsel for parties finally, by consent.

(2.) PETITIONERS are the plaintiffs in Regular Civil Suit No. 187 of 2013 pending before Civil Judge, Junior Division, Rahata, seeking declaration and injunction whereas, respondent No. 1 is defendant No. 4 in said suit who is purchaser of property from one Ramnath who happens to be brother of petitioners No. 1 and 2 and husband of defendant No. 3.

(3.) THE appellate court as well under order dated 25 -02 -2015 dismissed miscellaneous civil appeal No. 49 of 2013 at the instance of the plaintiffs and had thus maintained dismissal of Exhibit -5 and grant of Exhibit 27 of the trial court. The petitioners -plaintiffs had been before this court in writ petition bearing No. 3463 of 2015. This court, by an order made on 31 -3 -2015, disposed of said writ petition, observing in paragraphs 5, 6 and 7 as follows;