SANJIV KHANNA, J.

( 1 ) THE present appeals by Mr. Tejpal Singh Bhatia, Mrs. Harinder Kaur bhatia and Malsh Enterprises Pvt. Ltd. is directed against the Order dated 12th september, 2005 dismissing the application filed by the appellants under Order xxxix, Rules 1 and 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as the Code, for short) along with an application under Order XXXIX, Rule 2a of the Code.

( 2 ) THE appellants herein have filed the Suit seeking permanent injunction restraining the respondent-DDA, Union of India and the Lt. Governor, Delhi their agents and servants from interfering with peaceful possession of agricultural land measuring in total 19 bighas and 19 biswas situated in revenue estate of mehrauli, New Delhi. The details of the land has been mentioned in the plaint.

( 3 ) LEARNED counsel for the appellants had submitted that the respondents are wrongly claiming that the land, subject matter of the Suit stands acquired by the Government of India, Government of National Capital Territory of Delhi and vests with the respondent-Delhi Development Authority (hereinafter referred to as DDA, for short ).

( 4 ) IN this regard, learned counsel for t