JUDGMENT :

1. Heard Sri Shyam Lal, learned counsel for the petitioners and Sri Dharm Pal Singh, learned Senior Advocate assisted by Sri Rakesh Kumar Pandey, learned counsel for the respondents.

2. This misc. petition under Article 227 of the Constitution of India has been filed by the petitioners for setting aside the order dated 10.11.2020, passed by Civil Judge (Senior Division), Fatehpur, in Civil Suit No. 934 of 2001 (Jabbaru Nisha vs. Puttan and others) and order dated 03.12.2020, passed by District Judge, Fatehpur, in Misc. Case No. 80 of 2020 (Puttan and others vs. Abhishek Shukla and others).

3. Brief facts of the case is that one Jabbaru Nisha had filed a suit for permanent injunction which was registered as Original Suit No. 934 of 2001. The petitioners who were defendants in the suit had put in appearance before the court below and filed their written statement denying the plaint allegations and they have also filed their counter claim for restraining the plaintiff not to interfere in the peaceful possession of the defendants over the land in dispute.

4. During the pendecy of the aforesaid suit, Jabbaru Nisha died and no substitution was filed by any of the legal heirs o