MOHAMMED ASHRAF Vs. MOHAMMED AMANULLA

JUDGEMENT

(1.) Even though the matter is posted for admission, with the consent of the learned counsel for the parties, the matter is heard finally.

(2.) For the sake of convenience, the parties are referred to as per their ranking before the Trial Court.

(3.) The plaintiffs had filed the suit for adjudication of Agreement to Sell dtd. 17/8/2011 and relief of permanent injunction in respect of the suit schedule property. On service of summons to defendants, defendants appeared and filed written statement and also filed I.A.No.10 under Order 7 Rule 11(a) of CPC seeking for rejection of plaint on the ground that in so far as the first prayer sought by the plaintiffs is concerned, the defendants have already cancelled the Agreement to Sell dtd. 17/8/2011. Therefore, the suit itself is not maintainable. After hearing the arguments of the parties, the Trial Court has dismissed the application filed by the defendants. Being aggrieved by the same, the defendants have filed this petition before this Court under Sec. 115 of CPC.