SAYYED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard by mutual consent.

(2.) The petitioners have filed the present petition assailing the order passed by learned Civil Judge, Senior Division Nanded in Misc. [RJE] No. 200/2003 rejecting the application for condonation of delay for filing restoration petitioner Misc. [RJE] No. 17/2001 which was dismissed on 10-1-2003.

(3.) It is contention of the petitioners that they filed Spl. Civil Suit No. 67/1995 before the Civil Judge Senior Division, Nanded for partition and separate possession of the suit property and also declaration that the sale-deed executed by defendant No. 1 i.e., respondent No. 2 herein in favour of defendant Nos. 5 to 7 be declared as null and void and not binding on the plaintiffs (petitioners). However the said suit was dismissed for default on 29-12-2000.