JUDGMENT :

Rule. Learned Advocate Mr.Viral K Shah, for respondent No.1 waives service of notice. Respondents No.2 and 3 though served have chosen not to appear.

2. Order dated 11/12/2021 passed below Exh.1 in Special Civil Suit No.116 of 2020 by the learned 7th Additional Senior Civil Judge & CJM, Ahmedabad (Rural) is sought to be challenged in the present petition under Article 227 of the Constitution of India whereby the plaintiff has been permitted to withdraw the suit unconditionally.

3. The facts of the case in nutshell are that respondents No.2 and 3 and their family are join owners of NA Land bearing revenue Block/Survey No.1 ad-measuring area of 0-54-63 H.Acre.Sq. Mtrs., and block/survey no.464 ad-measuring area about 0-02-34 H-Are – Sq. Mtrs., situated at Village Ambli, Tal. Ghatlodiya, Sub-District/District : Ahmedabad. Respondents No.2 and 3 appointed the petitioner as their power of attorney holder by giving all the power in respect of the suit land and other lands and while doing so petitioner credited Rs.10,00,000/- each in the account of respondent Nos.2 and 3. It is the case of the petitioner that after execution of the said power of attorney, petitioner executed an ag