1. Impugned is the order dated 08.06.2024 passed by the court of learned 1st Additional District Judge, Srinagar (Trial court) in the present petition filed under Art.227 of the Constitution of India, whereby the application filed by plaintiffs / respondents 1 and 2 herein, moved in terms of O.23, R.3A read with S.151 of CPC, seeking to recall the order dated 09.08.2023, was allowed and the suit filed by respondents 1 and 2 herein withdrawn unconditionally to the extent of petitioners herein, was restored.

2. The facts of the present case giving rise to filing of the instant petition are:

2.1. that, the respondents 1 and 2 herein are the joint owners in possession of a four storeyed building with a floor area of 6500 sft. and the land underneath and appurtenant thereto measuring 15 marlas 170 sft. comprising of khasra No.104, khata No.281 and khewat No.13, situated at Tashwan, Karan Nagar, Srinagar. In the year 2019 the respondent No.3 herein approached the respondents 1 and 2 to t