TULEBAHADUR MAHAVIR PRASAD Vs. DINESHBHAI SHIVLAL PATEL

JUDGEMENT

(1.) In this petition filed under Article 226/227 of the Constitution of India, the petitioners- original plaintiffs have challenged the order dated 11.8.2010 passed below application Exh.66 (withdrawal pursis) and the order dated 12.8.2010 passed below application Exh.62 (application for joining party) in Regular Civil Suit No.161 of 2009.

(2.) The petitioners who claim to be the co-owners of the land bearing Block Nos.1336 and 1390 filed Regular Civil Suit No.161 of 2009 seeking to declare that the sale deed dated 1.5.2009 executed by the defendant Nos.1 and 3 in favour of defendant No.4 and confirmation deed dated 14.7.2009 executed by defendant No.6 in favour of defendant Nos.1 to 3 and confirmation deed dated 14.10.2009 executed by the defendant No.5 in favour of defendant Nos.1 to 3 are not binding to the plaintiffs. The plaintiffs have also prayed for permanent injunction restraining the defendants from developing the land under the above-said sale deeds or from dealing with or creating any charge on the said lands.

(3.) It appears that on account of out of Court settlement between the plaintiffs and the defendants, the plaintiffs submitted the withdrawal pursis at Exh.66 for disposal of the suit stating that on account of settlement in respect of the suit property, the suit was not required to be prosecuted further.