A.V. Chandrashekara, J.

1. Heard the learned counsel for the parties. The matter is taken up for final hearing with the consent of both the counsel.

2. The present petition has arisen out of an order passed as on interlocutory application i.e., I.A. 3 filed in O.S. 109/12 under Order XXIII Rule 1 read with Section 151, C.P.C. by the plaintiff (respondent herein) before the Civil Judge (Junior Divn.), Challakere, Chitradurga District. Respondents 1 to 3 had filed a suit for the relief of declaration to the effect that the alleged sale deed dated 4.9.2006 executed by defendants 1 to 3 in favour of the 4th defendant in respect of the suit schedule premises does not bind them and for the consequential relief of permanent injunction to restrain the defendants from interfering with their peaceful possession and enjoyment of the suit property.

3. The suit came to be contested by the 4th defendant only by filing detailed written statement. The 5th defendant had also filed written statement. Issues had not yet been framed. In the meanwhile, plaintiffs chose to file an application under Order XXIII Rule 1 read with Section 151, C.P.C. requesting the court to permit them to withdraw the s