ORDER :

SCA-12470 OF 2019

1. Rule returnable forthwith. Learned advocate Mr. Rajendra D. Jadhav waives service of notice of rule for and on behalf of respondent No.2.

2. By way of present petition, petitioners have requested for following reliefs :

“a. Your Lordships may be pleased top admit this appeal;

b. Your Lordships may be pleased to quashed and set aside the order dated 20.04.2019 passed by the learned Principle Senior Civil Judge, Viramgam in Civil Misc. Application No.14 of 2014 in Restoration Application in Special Civil Suit No.554 of 2008.

c. Be pleased to grant any such other relief/s as may deem fit proper, in the interest of justice.”

3. Short facts of the present case may be summarized as under:

3.1 Petitioners are the original plaintiffs of Special Civil Suit No.554 of 2008, which is filed for the cancelation of sale deed and specific performance of the agreement. As per the averments, respondent No.1 had executed one registered agreement to sell for the land of Survey no. 281/1, 303/1, 285/1/2/3/4 situated at Rudatal village, for Rs. 1,05,070/- dated 7.7.1995 without possession. As per condition, respondent no.1 has to clear the title and execute the sale deed in favour