Manoj Kumar Gupta, J. - (1.) The first and the second respondents instituted Original Suit No. 1 of 2008 against the petitioner and the third and fourth respondents for permanent prohibitory injunction restraining the defendants from interfering in the possession of the plaintiffs over the suit property shown with letters A, B, C, D in the plaint map or from opening any door in the southern wall of their house, towards the suit property. The title to the suit property was claimed by the plaintiffs on the basis of a sale deed dated 25.2.1982 in favour of the plaintiff no. 1, which is stated to be a company incorporated under the Companies Act and plaintiff no. 2 is stated to be one of its Directors.
(2.) The suit was contested by the defendants by filing written statement alleging that the sale deed is not in respect of the suit property.
(3.) During the pendency of the suit, the plaintiff-respondents filed an application 112-Ka seeking to withdraw the suit under Order 23, Rule 1 CPC. The application was opposed by the defendants by filing application 114-Ga in which prayer was made that the defendants be transposed as plaintiffs and plaintiffs as defendants.;