SANJAY KISHAN KAUL, J. ( 1 ) THE plaintiffs have filed a suit for prohibitory permanent injunction in respect of properties mentioned in the schedule. The plaintiff no. 1 is the wife of late Sh. Anand while plaintiffs no 2 and 3 are the minor sons of late Sh. Anand. The defendant is the father of late Sh. Anand. ( 2 ) IT is stated in the plaint that the parties lived as a joint family, but unfortunately Sh. Anand passed away on 31. 08. 1996 leaving behind the plaintiffs as his legal heirs. Sh. Anand was stated to be working as an agriculturist. Sh. Anand is stated to be the only son of the defendant. Disputes have arisen between the parties and the plaintiffs apprehended that the share of late Sh. Anand in the properties mentioned in the schedule may be sold or frittered away since in the land revenue records they were recorded in the name of the defendant. ( 3 ) INTERIM orders were granted in favour of the plaintiffs on the application filed along with suit on 09. 08. 2002. The interim orders were made absolute on 02. 09. 2005. ( 4 ) ON 02. 09. 2005, none has appeared for the defendant and the defendant was proceeded ex parte. The plaintiffs were directed to file affidavits of examination in chief and the suit was listed before the Joint Registrar on 08. 12. 2005. ( 5 ) ON 08. 12. 2005, the defendant chose to appear in the suit along with the counsel. It appears that the defendant had prior to the said date approached the plaintiffs for settlement. A statement was recorded of the defendant before the joint Registrar. ( 6 ) IN view of the statement recorded, learned counsel for the plaintiffs states that the ex parte proceedings against the defendant may be set aside. Ordered accordingly. ( 7 ) THE schedule of properties mentions the details of the properties. Learned counsel for the parties state that there is some discrepancy in the mentioning of khasra numbers and that they are jointly filing under their signatures correct schedule of properties, which is taken on record. The same is as under: b b 1. Land measuring 73 bighas and 12 biswas situated in Village-Ghumanhera, tehsil Najafgarh, Delhi. 2. Land measuring 63 bighas and one biswas situated in Village- aslatpur (Khawad), Tehsil Najafgarh, Delhi. The same is as under: b b 1. Land measuring 73 bighas and 12 biswas situated in Village-Ghumanhera, tehsil Najafgarh, Delhi. 2. Land measuring 63 bighas and one biswas situated in Village- aslatpur (Khawad), Tehsil Najafgarh, Delhi. b ( 8 ) THE statement recorded of the defendant dated 08. 12. 2005 shows that the plaintiff has taken earnest money towards the sale proceeds of land measuring 13 bighas forming part of the property at serial no. 1 It may be stated that the total land is stated to be 73 bighas and 12 biswas with three co-sharers. The share of the defendant as recorded is one-third and it is stated that the defendant and his late son Sh. Anand would have equal share in the property. The defendant has stated that he has no objection if a decree of permanent injunction is passed in respect of the remaining portion of the property at serial no. 1 as also the property mentioned at serial no. 2 in which the defendant is recorded as one-sixth share holder and the defendant abandons all his rights, titles and interest in respect of the remaining properties. The defendant has also undertaken not to sell the same during his life time and assist the plaintiffs in getting the same mutated in their name in the revenue records. ( 9 ) IN view of the aforesaid position, learned counsel for the parties jointly pray that a decree of permanent injunction should be passed in view of the admission made in the statement of the defendant and the plaintiffs are not pressing relief in respect of 13 bighas for which defendant has entered into an agreement to sell. ( 10 ) A decree of permanent injunction is passed in favour of the plaintiffs and against the defendant in respect of the remaining portion of the land mentioned at serial no. 1 including the house thereon stated to be measuring approximately 11 bighas and 10 biswas and one-sixth share of the total land (63 bighas and one biswas) measuring 10 bighas and 10 biswas mentioned at serial no. 2. The undertakings given by the defendant on 8. 12. 2005 are accepted. Parties are left to bear their own costs. Decree sheet be drawn up accordingly. .