Mahesh Bhagwati, J.

1. Challenge in this civil revision is to the order dated 28th July, 2007 whereby the learned Additional District Judge (Fast Track) No. 6, Jaipur City, Jaipur allowed the application dated 28th February, 2007 filed by the Plaintiff and declined to dismiss the suit on an application dated 21st August, 2006 or under Order 7, Rule 11 of Code of Civil Procedure.

2. Heard the learned Counsel for the parties and perused the relevant material on record.

3. During the arguments it emerged that two cross suits came to be filed by both the parties, one for declaration and permanent injunction and another for partition. It also emerged that the suit for declaration and permanent injunction filed by the Petitioner was decreed by the learned trial Court in favour of the revisionist-Plaintiff and against the non-revisionist. Aggrieved with the judgment and decree, the non-revisionists filed an appeal, which also stood dismissed in accordance with the terms of compromise, as both the parties had settled their dispute by way of compromise. Pursuant to the said compromise, the non-revisionists filed an application dated 21st August, 2006 seeking leave of the Court to withdraw