Smt. Sadhana S. Jadhav, J.

Heard. Rule. Rule is made returnable forthwith with the consent of the parties.

2. The Petitioners herein happen to be the original Plaintiffs in Regular Civil Suit No. 33/2010 filed before the Court of Joint Civil Judge, Junior Division, Jath, District Sangli. The status of the parties is as follows:

The Petitioner No. 3 happens to be the second wife of deceased Ashok Shivlingayya Hiremath. Petitioner Nos. 1 and 2 are the sons born out of the second marriage. The suit was filed for partition and possession. It is pertinent to note that while drafting the plaint the head of the Family and others were not added as defendants. The Plaintiff had only contended in the plaint that she has knowledge about the coparcener's as well as the fact that the family owns certain property outside the State of Maharashtra. However, for want of better particulars the properties could not be included as the suit properties. The suit was filed on 15/9/2010. The Defendant Nos. 1 and 2 had appeared in the said suit and written statement was filed on 13/3/2013. It was specifically contended by the Defendants that the suit is bad for non joinder of necessary parties as we