1. - The petitioners (original-defendants) have challenged the order dated 17.8.2009 passed by the learned Civil Judge (JD) Niwai in T.I. Application No.116/2007 in Civil Suit No.98/2007, whereby the trial court has rejected the objections filed by the petitioners against the report of Patwari dated 10.8.2009.

2. Heard learned counsel Mr. Praveen Jain for the petitioners. Nobody appears for the respondent No.1(original-plaintiff), though duly served with the notice in the present petition.

3. It has been submitted by learned counsel for the petitioners that the objections had been raised against report made by Patwari dated 10.8.2009 as the said report was made by the Patwari without giving any notice to the parties and he had prepared the same at his office. According to him, such report could not be relied upon and therefore the petitioners had prayed for calling of the report from the Settlement Officer in respect of the disputed land.

4. Having regard to the submissions made by learned counsel for the petitioners and to the impugned order passed by the trial court, it appears that initially an application under Order 26 Rule 9 of CPC was made by the petitioners-defendants