- (1.)IN all the petitions, the petitioners have challenged the Notice dated 15. 10. 2008 passed by the learned Civil Judge below Exh. 237 and the petitioners have also challenged the Judgement and Order dated 29. 09. 2007 passed by the learned Sessions Judge in Regular Civil Suit No. 91/97 and other consequential relief.
(2.)HEARD Mr. Desai for the petitioners. The respondents are served, but nobody has appeared.
(3.)UPON hearing Mr. Desai for the petitioners, it appears that the Judgement and the Order passed by the learned Sessions Judge dated 29. 09. 2007 is in Regular Civil Suit No. 91/97 against which the appeal came to be preferred under Section 96 of the Civil Procedure Code. It is an admitted position that such remedy is not exhausted by the petitioners before filing the present petition. However, Mr. Desai, learned counsel appearing for the petitioners contended that the petitioners are not parties to the proceedings and therefore, the right of appeal will not be available to the petitioners under Section 96 of the CPC.