- (1.) Heard learned counsel for the petitioner and learned counsel for the respondent Nos. 1 and 2 plaintiffs. None appeared for rest of the respondent.
(2.) Brief facts of the case are that the plaintiffs-respondents No. 1 and 2-Mohd. Ramzain and Shagir Ahmed instituted a suit for cancellation of the sale deed dated 18th May, 1998. The said sale deed was alleged to have been executed by one Shri Jannat Begum in favour of Amina Begum. Amina Begum also instituted a suit for injunction against these very plaintiffs-Mohd. Ramzan and Shagir Ahmed. It is alleged that during the pendency of the suits, the plaintiffs-respondent Nos. 1 and 2 executed an agreement for sale of the disputed property in favour of one Shahabuddin on 2nd Dec., 2002 after taking consideration of Rs.10,00,000/- from Shahabuddin. It is also alleged that a general power of attorney was also executed in favour of Shahabuddin by the plaintiffs-respondents No. 1 and 2 on the same day that is on 2nd December, 2000.
(3.) During the pendency of the suit, an application was submitted by the said power of attorney-holder Shahabuddin in the trial Court stating therein that the matter has been settled between the parties and the plaintiffs did not want to proceed with the suit as no dispute survives after the settlement. It is also mentioned that the dispute arose because of provocation of some other persons and now there is no dispute. After admitting certain facts relating to the passing of the property in favour of the petitioner defendant Amina Begum, the plaintiffs through their power of attorney-holder Shahabuddin made a prayer only to the effect that the suit of the plaintiffs may be dismissed as withdrawn and the parties shall bear their own costs.;