JUDGMENT

Nitin B. Suryawanshi, J. - Rule. Rule made returnable forthwith. Heard finally by the consent of the parties.

2. This petition is directed against the order dated 02-11-2015 passed by the learned Joint Civil Judge, Senior Division, Dhule, in Civil Misc. application No.404/2013, thereby allowing the application filed by respondent Nos. 1 and 2, under Order 9 Rule 13 of the Code of Civil Procedure (for short C.P.C.), seeking restoration of Special Civil Suit No.25/2007.

3. The petitioners filed Special Civil Suit No.25/2007 for partition, separate possession of the suit property and for the declaration that transactions of the suit property done by defendant Nos. 1 and 2 (i.e. respondent Nos. 3 and 4 herein) in favour of defendant Nos. 3 and 4 (i.e. respondent Nos. 1 and 2 herein), be declared null and void and not binding upon the petitioners plaintiffs. The suit proceeded ex-parte against all the defendants and was decreed by the judgment dated 19-03-2010.

4. Being aggrieved by the judgment and decree passed by the trial Court, defendant Nos. 3 and 4 on 21-12-2012 preferred Civil appeal No.74/2012 in the District Court, Dhule. During the pendency of the appeal, defendant Nos.