JUDGMENT

I. MAHANTY, J. — The petitioners in this writ application seek to challenge an order dated 22.12.2007 passed by the Civil Judge (Jr. Divn.), Salipur, in Civil Suit No.23 of 2005, by which order the learned Civil Judge, accepted the filing of a counter claim raised by defendants 5 to 7 (Opp.Parties 1 to 3 herein) against defendants 1 to 4 (who are petitioners in this writ application).

Learned counsel for the petitioners prays for exercise of supervisory jurisdiction of the High Court under Article 227 of the Constitution in the present case since the subordinate Court has assumed a jurisdiction which it does not have and/or exer¬cised jurisdiction in a manner not permitted by law resulting in failure of justice and great injustice to the case of the present petitioners.

2. The brief facts leading to filing of the present case are that Opp.party No.4, as plaintiff has filed C.S. No.23 of 2005 before the Civil Judge (Jr. Divn.), Salipur and has implead¬ed present petitioners as defendants 1 to 4 in the said suit. Opp.parties 1 to 3 have been impleaded as defendants 5 to 7 in the said suit, wherein, the plaintiff has made a prayer seeking grant/declaration of easementary ri