( 1 ) HEARD Mr. Barhate, learned Counsel for the petitioners; Mr. P. F. Patni, learned Counsel for respondent No. 1 and Mr. V. H. Dighe, learned AGP for respondent Nos. 5 to 7, respondent Nos. 2, 3, 4, absent, though served.

( 2 ) RULE. Rule is made returnable forthwith by consent of the parties concerned and heard finally.

( 3 ) THIS petition was taken up for admission before this Court on 9-8-2005 and this Court (Coram : S. C. Dharmadhikari, J.) directed issuance of notice to respondent Nos. 1 to 4 within two weeks and further directed that the trial Court shall not proceed ex parte against defendant Nos. 4 to 10. The defendant Nos. 4 to 10 are the petitioners in the present petition. In other words, respondent Nos. 5 to 10 were not put to notice by this Court.

( 4 ) FEW facts, necessary for disposal of the present petition, are as follows :a) Petitioners are defendant Nos. 4 to 10 in special Civil Suit No. 26 of 1991 filed by the respondent No. 1, who was plaintiff in the said suit. The suit is for partition and possession. The suit properties, which are described in the plaint, are landed properties and house properties. b) The plaintiff had filed an application under Order 39,

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