- (1.) Defendants No.1 and 2 have filed this revision petition under Article 227 of the Constitution of India impugning order dated 30.07.2011 (Annexure P-6) passed by the trial court thereby dismissing the suit as withdrawn with liberty to file fresh suit for specific performance.
(2.) Respondents No.1 and 2 i.e. Anil Kumar and his wife Mamta Rani (plaintiffs) filed suit against petitioners (defendants No.1 and 2) and Estate Officer, HUDA, respondent/defendant No.3 for permanent injunction restraining the defendants from alienating the suit property in view of agreement allegedly executed by defendant Nos.1 and 2 in favour of the plaintiffs.
(3.) On 30.07.2011 plaintiff No.1 appeared in person in the trial court and made statement for withdrawing the suit with liberty to file fresh suit for specific performance. Thereupon the impugned order was passed.;