ORAL JUDGMENT :- By this writ petition under Article 227 of the Constitution of India, the petitioners have taken exception to the order dated 108-1994, by which an application at Exhibit-86 filed by respondent No.1 under Order 22, Rule 3(1) and (2) of the Code of Civil Procedure (for short, "the CPC"), seeking dismissal of Regular Civil Suit No. 278 of 1981 as abated in its entirety, has been allowed. The petitioners are the original plaintiff Nos. 1 to 4 and 6, whereas the respondents are the original defendants, hereinafter referred to as "the petitioners" and "the respondents" respectively. Insofar as the original plaintiff No.5 Banubai Hariba Mohite is concerned, she would be referred to by her name.

2. The petitioners and Banubai Mohite instituted Regular Civil Suit No. 278 of 1981 for declaration, injunction and also for mandatory injunction seeking directions to the respondents to remove the obstruction in enjoyment of their right of way and use of the door, as shown in the map annexed to the plaint. They have claimed an easement of necessity against the respondents. The suit was filed on 19-8-1981 claiming the aforestated reliefs against all the respondents. During pendenc

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