Heard Mrs.Kulkarni, learned Counsel for petitioners and Mr.S.Y.Mahajan, learned Counsel for Respondents No.1 to 3.

Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties.

2. Petitioners are original plaintiffs and are seeking quashment of the order dated 03.12.2009, passed by Civil Judge, Junior Division, Bhoom, below Exhibit-86 in Regular Civil Suit No.120/2006.

3. Petitioners - original plaintiffs instituted suit against defendants - respondents herein claiming specific performance of agreement alleged to have been executed on 21.12.1976 by the defendants. The dispute relates to land S.No.70/D (G.No.129) situate at village Mankeshwar, Tq. Bhoom.

4. It is contended by plaintiffs in the plaint that defendants are legal heirs of one Bajiaba Khindkar. He had a brother by name Dajiaba. Both of them are dead. It is contended that in the year 1975-76, Dajiaba and Bajiaba had handed over possession of the property to the plaintiffs on yearly lease basis. It is, thus, contended that they (plaintiffs) were in possession of the property as tenants. In the year 1976, Dajiaba and Bajiaba agreed to alienate an area to the exten