JUDGMENT - L. MANOHARAN, J. :---The applicants herein are defendants 1 to 3 in Regular Civil Suit No. 79 of 1989 pending on the file of Civil Judge, Sr. Dn., Gondia. The non-applicants 1 to 7 instituted the said suit for declaration and consequential injunction. That suit was with respect to Gat No. 275. The applicants herein filed a written statement denying the allegations of the plaintiffs and in addition raised a counter-claim seeking an injunction restraining the plaintiffs No. 1 to 7 from interfering with their possession in Gat No. 276 and the land adjacent to it. Thereafter the plaintiffs moved an application under Order VIII, Rule 6-C of Civil Procedure Code for exclusion of the counter-claim. The trial Court by the impugned order allowed the said application. Aggrieved by the same, the defendants have come up in this civil revision. This matter when came up before the learned Single Judge, His Lordship felt that the decision in (Chandrakant v. Manikrao)1, 1988 Mah.L.R. 1488 relied on by the trial Court is in conflict with the decision of this Court in (Manikchand v. Mulchand)2, 1994 Mh.L.J. 732. Therefore, the learned Judge directed the Registry to place the matter befor

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