1. Rule. Heard finally.

2. Challenge in the present writ petition is to the order dated 19.12.2013 passed by the Appellate Court allowing the Misc. Civil Appeal filed by the present respondents and setting aside the order passed by the trial court dismissing Regular Civil Suit No.279/2007 under the provisions of Order 9 Rule 9 of the Code of Civil Procedure (for short the Code).

3. The relevant facts are that one Kasabai Pote, the predecessor of the present respondents had filed Regular Civil Suit No.851/1998 for partition of agricultural land bearing survey nos.56 and 57. It was the case of the said Kasabai that the land in question belonged to her father and that same was ancestral property. After the death of her father, the predecessor of the present petitioner her brother was looking after the said property. Hence, suit for partition and separate possession came to be filed. Her brother – Narayan was arrayed as defendant. On 30.07.2002 Regular Civil Suit No.851/1998 came to be dismissed for want of prosecution. Thereafter, no steps were taken to restore the suit.

4. After the death of Kasabai her legal heirs who are the respondents herein filed Regular Civil Suit No.279/2