JUDGMENT - A.M. KHANWILKAR, J.:---This writ petition, under Article 227 of the Constitution of India, takes exception to the order passed by the Additional District Judge, Kolhapur dated 16-12-1992 below Exhibit 35 in Regular Civil Appeal No. 69 of 1992.

2. The preliminary objection raised on behalf of the respondent is that this writ petition cannot proceed in absence of Kondi Rama Dhinde, original defendant No. 1. This objection is, however, being raised for the first time across the bar. This writ petition has remained pending since 1993, for it was admitted as back as one 18-2-1993. Admittedly, the respondent did not file any reply affidavit or a formal application raising this preliminary objection, but the same was raised only when the Court was about to dictate the judgment after hearing both the Counsel on merits. In any case I find no force in the preliminary objection. In my view the presence of Kondi Rama Dhinde, original defendant No. 1, is not essential or necessary for the adjudication of this petition. It is relevant to point out that, admittedly, the suit proceeded ex parte against the said Kondi Rama Dhinde, original defendant No. 1. Moreover, the said Kondi Rama D

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