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Judgment
On the last date of hearing, this Court had passed the following order:
“1.The challenge in the present petition is to an order dated 26.10.2023 which has dismissed four applications being I.A.Nos.1 to 4 filed by the petitioners/applicants praying to come on record as defendants 4(a) to 4(f). It is not disputed that the application was filed in a disposed of suit in O.S.No.25856/2017, which was disposed of by way of compromise under Order XXIII Rule 3 of the CPC. The suit was decreed on 06.08.2019 by accepting the compromise petition. The terms of the compromise are also placed on record as Annexures "F" and "G" to the petition filed today. The learned Trial Court examined the applications and found that the petitioners have no locus to question the compromise decree and thus dismissed the applications filed.
2.The learned counsel for the petitioners affirms that he has not challenged the compromise decree passed in any proceedings before the Court. Thus, clearly the applications filed by the petitioners were not maintainable.
3.Learned counsel for the petitioners requests for some time to take instructions.
4.List on 09.10.2026.”
Today, the learned counsel for the petitioners has filed a memo seeking withdrawal of the present petition with a liberty to challenge the Impugned Order in an appropriate proceedings.
The memo is taken as on record.
The petition is accordingly dismissed as withdrawn. All pending applications stand closed. Liberty is, however, granted to the petitioners to take appropriate steps, in accordance with the law for redressal of their grievances.
It is clarified that the Court has not examined the matter on merits. The rights and contentions of both parties are left open to be agitated before the appropriate Forum.