ORDER :

Rohit Arya, J.

This miscellaneous appeal by defendants No.4 to 9 under Order 43 rule 1 CPC is directed against the order dated 18/08/2010 passed in Civil Miscellaneous Case No.71/09 dismissing the application filed under Order 9 rule 13 CPC by the Fifth Additional District Judge, Indore.

2. Facts necessary and relevant for the purpose of disposal of this appeal lie in narrow compass: A civil suit No.83A/1989 was filed by the respondents No.1 to 5 – the plaintiffs for declaration and permanent injunction on 30/08/1988.as regards the land admeasuring 1.290 Acrs situated in Village Khajarana, tehsil and district Indore (for short 'the suit land') against the present appellants and the State of Madhya Prdesh, The Tehsildar, Indore as well as defendant No.3 Chaturbhuj inter alia contending that defendant No.3 has leased out the suit land on 31/03/1975 to the plaintiffs for five years at the annual rent of Rs.1,000/-and delivered possession of the suit land. Therefore, by force of the provisions under section 190 of the Madhya Pradesh Land Revenue Code, 1959 (for short, 'the Code'), the plaintiffs have acquired the bhumi swami rights. Hence, the sale deed executed by the defendant N