VIVEK YADAV Vs. KARAN SINGH

JUDGEMENT

(1.) The present revision petition assails the order dtd. 29/1/2025 (Annexure P-10) passed by the Court of Civil Judge (Jr. Divn.), Faridabad, vide which permission was granted to the respondents-plaintiffs to withdraw their suit i.e. CS No.2972 of 2024 with liberty to file a fresh suit.

(2.) A suit for permanent injunction (Annexure P-1) was filed by the respondents-plaintiffs (Karan Singh and others) against the petitioners- defendants (Vivek Yadav and another), restraining the petitioners-defendants from raising any type of construction or from changing the nature of the suit land by carving out plots and from alienating/transferring any part of the suit land. The case set up was that the respondents-plaintiffs, being owners/co- sharers in possession of agricultural land (fully described in the plaint) situated within the revenue estate of Village Bhupani, Tehsil and District Faridabad (hereinafter referred to as the "suit land") had agreed to sell the suit land to the petitioners-defendants and, for the said purpose, had executed five agreements to sell, all dtd. 21/12/2024 fixing the sale consideration at Rs.1.92 crores per acre. The suit was accompanied by an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908 (for short the "CPC") (Annexure P-2) for the grant of ad interim injunction. The suit was opposed by way of written statement (Annexure P-3), wherein the factum of execution of the agreement to sell was admitted. Mention was made about five different suits for permanent injunction having been filed by the respondents-plaintiffs regarding each agreement to sell. On merits, certain facts were given. Reply (Annexure P-4) to the application for the grant of ad interim injunction was also submitted.

(3.) On 27/1/2025, learned counsel representing the respondents- plaintiffs suffered a statement that he wanted to withdraw the suit with liberty to file a fresh suit. The statement was opposed by the petitioners-defendants. However, vide the impugned order dtd. 29/1/2025, permission was granted, leading to the filing of the present revision petition.