JUDGMENT

R.D. Dhanuka, J. - By this writ petition filed under Article 227 of the Constitution of India, the petitioners have impugned the order dated 17th November, 2016 passed by the learned City Civil Court, Greater Mumbai, dismissing the Chamber Summons No.1362 of 2015 filed by the petitioners (original plaintiffs) under Order VI Rule 17 of the Code of Civil Procedure, 1908. Some of the relevant facts for the purpose of deciding this writ petition are as under :

2. On 13th January, 2014, the petitioners filed a suit for partition along with Notice of Motion No.502 of 2004 before this Court. On 16th March, 2004, this Court granted ad-interim reliefs in favour of the petitioners on the statement made by the respondent no.1. The said Notice of Motion No.502 of 2004 was however, withdrawn by the petitioners on 10th December, 2004. On 23rd January, 2006, the respondent no.1 and another executed a Sale Deed in respect of the plot located at Kandivali (West). On 12th May, 2006, the respondent no.1 executed a Gift Deed in respect of his 1/3rd share in a bungalow located at Kandivali (West) in favour of the respondent no.2.

3. On 29th November, 2007, The respondent no.1 filed his written