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

2. Rule.

3. Rule returnable forthwith with the consent of both parties and the petition is heard finally.

4. By this petition, filed under Article 227 of the Constitution of India, the petitioners are challenging the order dated 28.11.2016, passed by the 2nd Joint Civil Judge Junior Division, Pune, below exh.31. The said application was filed by the petitioners for rejection of the plaint under Order VII Rule 11(d) of Code of Civil Procedure.

5. The petitioners are the originals defendants in the suit. It was submitted by them that respondent had filed suit for declaration, partition and injunction in respect of the suit properties claiming that respondent -plaintiff No.1 is the husband of deceased Sundarabai and plaintiff Nos.. 2 to 5 are her sons and daughters. According to the petitioners, deceased Sundarabai has died issue-less on 18.6.1962. Plaintiff Nos.. 2 to 5 are not born to her, but as admitted by respondent himself, these children are born from his second wife. In view thereof, it is submitted that as properties were admittedly received by deceased Sundarabai from her parents, neit