JUDGMENT

D.P. Mohapatra, J.-Leave granted.

2. This appeal filed by the defendants is directed against the judgment/order of the Madras High Court in Second Appeal No. 807 of 1996 and CMP Nos. 7569/96 and 1085/96, along with the application filed by the respondents 1 & 2 under Order XXIII Rule 1(3) Civil Procedure Code (CPC for short) seeking permission of the Court to withdraw the suit with leave to file a fresh suit.

3. The factual matrix of the case relevant for appreciation of the questions raised in the appeal may be stated thus Respondents 1 & 2 herein filed O.S. No. 197/89 (subsequently re-numbered as 614/89) in the Court of the District Munsif, Erode arraying the appellants and respondents 3 & 4 as defendants in the suit. In the said suit the plaintiffs sought relief inter alia, of injunction against defendants 1 & 2 restraining them from establishing and running a flour mill on their property and for further injunction restraining them from disturbing the plaintiffs exclusive user of the pathway lying between the properties of the plaintiffs on one side and defendants 1 & 2 on the other. Defendants 1 & 2 in the suit as owners sold portions of their land by separate sale deeds