JUDGMENT

The petitioners challenge Ext.P6 order dated 18th August, 2010 in I.A.No.386 of 2010 in I.A.No.1057 of 2009 in O.S.No.160 of 1985, on the file of the Court of the Munsiff of Hosdurg, by which, the court below dismissed the application filed by the petitioners under Section 10 of the Code of Civil Procedure.

2. O.S.No.160 of 1985 was filed by the respondent before the Munsiff's Court, Hosdurg claiming partition. A preliminary decree was passed on 6.9.1989. The plaintiff filed A.S.No.71 of 1989 and defendants 1 and 2 filed A.S.No.2 of 1990, challenging the judgment and decree of the trial court. The appeal filed by the plaintiff was allowed and the appeal filed by defendants 1 and 2 was dismissed by the First Appellate Court. Defendants 1 and 2 challenged the judgment and decree of the lower Appellate Court in S.A.No.734 of 1993, which was dismissed by this Court as per Ext.P1 judgment dated 12th August, 2008. Though defendants 1 and 2 filed a Special O.P.(C) NO.733 OF 2010 Leave Petition before the Honourable Supreme Court, that was d smissed as per Ext.P2 order dated 18.12.2008. Ext.P2 order rea as follows:

“Delay condoned.

The special leave petition is dismissed.

However, all