JUDGMENT - KHANDEPARKAR R.M.S., J.:---Heard learned Advocates for the parties. Perused the records. Rule. By consent, the Rule is made returnable forthwith.

2. The petitioners challenge the judgment and order dated 16-10-2002 passed by Maharashtra State Co-operative Appellate Court, Pune in Appeal against Order No. 194 of 2002. By the impugned order, the Appellate Court has allowed the appeal filed by the respondents against the order dated 3-10-2002 passed by the Co-operative Court, Kolhapur in SCCK No. 1238 of 2002. By the said order, the Co-operative Court had rejected the application filed by the respondents for action under Order 39, Rule 3 of Code of Civil Procedure against the petitioners. Consequent to the appeal being allowed by the impugned order, the Co-operative Appellate Court had set aside the said order of the Co-operative Court and has allowed the application filed by the respondents to strike off the defence of the petitioners in exercise of powers under Order 39, Rule 11 of Code of Civil Procedure, and accordingly, the defence of the petitioners has been struck off. In the process, the lower Appellate Co-operative Court has also dismissed the appeal filed by the pe

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