- (1.) PETITIONERS by way of filing the present writ petition under Article 227 of the Constitution of India have prayed for issuance of an appropriate writ/ order/ direction for quashing and setting aside of the order dated 14.5.2009 passed by the learned Sub -Judge -I, Dumka in Title (P) Suit No. 117 of 2007 whereby the petitioners have been restrained from making repairing work/ construction of their dwelling house and the petitioners have also prayed for quashing and setting aside of the order dated 22.9.2008, whereby the learned court -below restrained the petitioners from filing their written statement in the suit.
(2.) HEARD the learned counsel for the petitioners as well as respondents and perused the impugned orders as well as other materials placed on record. So far as the order dated 14.5.2009 passed by the learned court -below is concerned, it appears that the said order is appealable under Order -43 of the CPC and therefore, the present prayer is not maintainable, as the alternative efficacious remedy is available to the petitioners. So far as order dated 22.9.2008 is concerned, it appears that petitioners -defendants filed their appearance on 19.11.2007 and thereafter the learned court -below passed an order to close the evidence on 17.2.2008. Thereafter the petitioners submitted an application with a prayer to recall of the said order but the learned court -below has rejected the said request by passing the impugned order.
(3.) PETITIONERS are the defendants in Title (Partition) Suit and therefore, in the interest of justice, petitioners are required to be given an opportunity to put forward their case before the learned court -below by way of filing written statement.;