1. - This appeal has been preferred by the appellants against the order dated 09.05.2013 passed by the learned District Judge, Pratapgarh (for short 'the trial court' hereinafter), whereby the application preferred by the appellants under Order 47 Rule 1 CPC for reviewing/recalling of the order dated 12.10.2012 has been dismissed.

2. Brief facts of the case are that the appellants had filed a suit for partition and permanent injunction for a house situated near Hanuman Mandir, Yadav Mohalla, Chhoti Sadri, District Pratapgarh against the respondents-defendants. Along with the suit, an application for granting temporary injunction under Order 39 Rule and 1 and 2 CPC was also filed. The said application for temporary injunction was disposed of by the learned trial court on the basis of an agreement between the counsel for the parties that the respondent-defendants may raise constructions on the property in question and the constructions so raised, will be taken into corpus while deciding the suit for partition.

3. Being aggrieved with the order dated 12.10.2012, the appellants had preferred an appeal being CMA No. 2490/2012 before this Court, however, this Court was not incline