1. Heard learned counsel for the petitioners and learned counsel for the respondents.

2. Rule.

3. Rule is made returnable forthwith with the consent of learned counsel for both the parties and the Revision Application is taken up for final hearing.

4. This Revision Application, filed under Section 115 of Code of Civil Procedure, takes an exception to the order dated 1.8.2016, passed by the 5th Additional Judge, Small Causes Court, Pune below Exh. 25 in Special Civil Suit No.1196 of 2014.

5. The petitioners herein are the original defendant Nos. 1 to 6. Application at Exh.25 was filed by them under Order VII Rule 11(a) and (d) of Code of Civil Procedure, on the ground that the suit does not disclose the cause of action and the suit is apparently barred by the principle of res-judicata under Section 11 of Code of Civil Procedure. The trial Court, however, after hearing, learned counsel for both the parties, was pleased to reject the said application and hence the instant Revision Application, to set aside the said order.

6. Facts of the litigation are to the effect that, respondent Nos. 1 & 2, have filed this suit before the trial Court for partition and separate possession of t