Honble Tarun Agarwala, J.—The present writ petition has been filed for the quashing of the plaint dated 8.5.2006 in Original Suit No. 757 of 2006 and its entire proceedings . The facts leading to the filing of the present petition is, that the petitioners and the contesting respondents have common ancestors and are in physical and cultivatory possession of their shares in pursuance of some alleged family settlement. It transpires that the predecessors of the petitioners filed suit No. 1463 of 1956 which was decreed by an order dated 2.4.1956 in terms of a compromise. It is alleged by the present petitioners that the said suit was filed collusively by the defendants in the name of the predecessors of the petitioners without their knowledge. When the petitioners came to know about this fraud and the collusive decree, they filed a suit for the cancellation of the decree which was dismissed, against which an appeal was filed, and during the pendency of the appeal, an application was filed by the petitioners for the withdrawal of the suit as well as of the appeal which was allowed by the lower appellate Court. It is contended by the petitioners that the withdrawal was allowed wi