(1.) - Heard the learned counsel for the petitioner and the learned counsel appearing for the respondent no. 1.
(2.) The learned counsel for the petitioner has submitted that the respondent no. 2 is not contesting party in the proceeding of the suit or in this application as he has neither appeared in the suit nor filed any written statement therein.
(3.) The legal sustainability of the impugned order has been questioned by the petitioner by filing this application under Art. 227 of the Constitution of India whereby his prayer for deciding the maintainability of the suit under Sec. 22 of the Hindu Succession Act has been turned down.