JUDGMENT :

1. This writ petition is under Article 227 of the Constitution of India whereby and whereunder the order dated 31.08.2018 passed in Title Suit No.22/12 by which the petition filed under Order VI Rule 17 of the Code of Civil Procedure has been rejected.

2. The brief facts of the case of the petitioners as per the pleadings made in the writ petition is that they have instituted a suit against the respondents being Title Suit No.22 of 2012 seeking therein the following reliefs:

“(i) A declaration of the Plaintiffs' right, title and interest over the suit property;

(ii) Recovery of possession of the suit Plot No.1 and confirmation of possession of the Plaintiffs over the suit plot no.198;

(iii) A mandatory Injunction direction the defendants to dismantle and remove the house and structure standing on suit plot No.1 and restore the same to its original character;

(iv) Costs of the suit;

(v) Such other or reliefs, the Plaintiffs are entitled to in equity and justice.”

3. The respondents have appeared after calling upon by the trial court and filed the written statements wherein th