(1.) Rule. Rule made returnable forthwith and, with the consent of learned counsel for the parties, heard finally.
(2.) These petition and application arise out of the orders passed by the learned Civil Judge, Ichalkarnaji in Special Civil Suit No. 251 of 2005 and as the outcome of one may have a bearing on another, both the petition and the application were heard together and are being decided by this common judgment.
(3.) The background facts, leading to these proceedings, can be summarised as under: