ORAL JUDGMENT :- This writ petition arises from the order dated 287-1986 rendered by the learned Civil Judge, Jr. Dn., Islampur, on the application at Exhibit-6 in Regular Darkhast No. 193 of 1968. By the impugned order, the application at Exhibit-6 filed by the petitioners-defendants purportedly under section 47 of the Code of Civil Procedure (for short, "CPC"), has been rejected.

2. This litigation has a chequered history. I propose to make a reference to the factual matrix, to the extent as may be necessary and relevant for adjudication of the questions raised in this petition. The darkhast proceedings, in which the petitioners filed the application at Exhibit-6, arise from the judgment and decree dated 12-10-1968 passed in Regular Civil Suit No. 25 of 1968. The said suit was filed by one Ramchandra Vishnu Kulkarni. It appears that Ramchandra Kulkarni died on 5-12-1972. His four sons, viz. Narayan, Govind, Ashok, Hindurao and his wife Karnlabai were brought on record in the darkhast proceedings. Out of the five heirs, Govind, Ashok and Hindurao were brought on record in the present writ petition as respondent Nos. 1(b), 1(c) and 1(d). Insofar as respondent Nos. 2 to 17, the orig

Click Here to Read the rest of this document