BHAUSAHEB KISAN ITHAPE, ARUN KISAN ITHAPE, RAJU KISAN ITHAPE, SHAHAR TAKALI Vs. SADASHIV BHAURAO KSHIRSAGAR, SHAHAR TAKALI

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent of parties taken up for final hearing.

(2.) By way of present petition, the petitioners challenge the order dated 24th July, 2007 vide which the application of the present petitioners for setting aside No W.S. order has been rejected.

(3.) The respondent/planitiff has filed a suit for injunction against the defendents/petitioners. After receipt of the suit summons, the petitioners appeared before the court. The petitioners also filed an application pointing out to the learned trial court that they have not received the papers accompanying the plaint. The learned trial court directed the respondent/plaintiff to comply with the provisions of Order 39 Rule 3 and supply necessary documents. In the meantime, the learned trial court had already passed an order of No W.S.' on 5th March, 2007. The petitioners therefore filed an application below Exhibit 28 for setting aside the No W.S.' order and permitting them to file written statement. The same came to be rejected vide order dated 24th July, 2007. Hence, the present petition.