JUDGMENT :

1] By way of present Writ Petition, the petitioners are challenging the order dated 02.02.2023 passed by the Civil judge Senior Division, Aurangabad in Special Civil Suit No. 66/2021 whereby the Court was pleased to hold that it does not have territorial jurisdiction to try and decide the suit and directed transfer of the suit to the Court of Civil Judge Senior Division at Vaijapur.

Brief facts leading to filing the present writ petition can be summarized as under :

2] The plaintiffs filed suit against the defendant nos. 1 and 2 in the Court of Civil Judge Senior Division, Aurangabad for specific performance of contract of sale dated 17.01.2019 in respect of the suit property and for perpetual injunction, restraining defendants from creating third party interest in the suit property, so also to restrain defendants from creating disturbance in the peaceful possession of the plaintiffs. The agreement to sell [Isar Pawati] dated 17.01.2019 was executed between parties at Aurangabad. It is contended by the plaintiffs that the plaintiffs are in possession of the suit property since 1990 on the basis of an earlier agreement to sell and a fresh agreement of sale was executed on 17