JUDGMENT

M S Jawalkar, J. - Heard Mr. S. D. Padiyar, learned Counsel for the revision applicant and Mr. Guru Shirodkar, learned Counsel for the respondent nos. 3, 4 and 5.

2. The present revision application is filed by applicants, the newly added defendants, in counter claim in Regular Civil Suit no.136/2011/E. For the sake of brevity, it will be referred to as "the said suit".

3. For the sake of convenience, parties will be described as per their nomenclature in the suit.

4. The present revision application is filed being aggrieved by the order below exhibit 57 in the said suit i.e. application under Order 7 Rule 11 of the Code of Civil Procedure (CPC), by the newly added defendants in counter claim.

5. There is no dispute that the original suit is filed on 11.05.2011 by the plaintiffs no.1 and 2. The suit was filed against the defendant nos.1 to 3 (respondent nos.3 to 5 in the present application) for the relief in the nature of permanent injunction against the defendants from doing any work of construction specifically of compound wall or the room in the suit property.

6. The defendant nos. 1, 2 and 3 filed written statement on 06.07.2011 and also filed counter claim against the