( 1 ) THE respondents Nos. 2 and 3 i. e. Mahadeo and Sheo Sampati had filed a suit in the court of the Munsif of Banda being suit No, 241 of 1953 against the petitioners for partition of bhumidhari holding measuring 50 bighas 13 biswas situated in village Hesta, pargana Karvi in the district of Banda. The learned Munsif passed a preliminary decree on 29-10-54 by which he held respondents Nos. 2 and 3 entitled to a half share in the said holding and to partition thereof. On 26-4-1953 the respondents Nos. 2 and 3 made an application, a copy of which has been filed along with this petition and marked as annexuxe a, in the court of the Judicial Magistrate, karvi, Revenue Department (Sigha Mal Mauza Hasta Pargana Karvi ). In this application the petitioners were impleaded as opposite parties. It was said in the application that a suit had been filed between the parties in the Civil Court in respect of partition o the bhumidhari plot in which the Civil court had declared the respondents Nos. 2 and 3 to be entitled to half a share in the said holding and to partition thereof. A copy of the decree of the learned Munsif was filed along with this application in the court of