HEMAVATHI Vs. MEGACITY

JUDGEMENT

(1.) The defendants in a suit for specific performance are aggrieved by the restoration of such suit for reconsideration under Order IX Rule 9 of the Code of Civil Procedure, 1908 [for short, 'the CPC']. The suit against the appellants is in O.S. No.937/2010 on the file of the I Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru, and the impugned order of restoration dtd. 30/11/2018 is in Misc. No.42/2012 on the file of the IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru [for short, 'the civil Court].

(2.) The undisputed facts are that the appellants have entered into two different agreements for two different properties with the respondents who have commenced the suits in O.S. Nos.937/2010 and 938/2010 for specific performance. The appellants have entered appearance and filed their pleadings. The suit in O.S. No.937/2010, which was initially pending consideration before the Fast Track Court-IV, Bengaluru Rural District, is withdrawn on 28/5/2011 to be listed before the civil Court. The suit thereafter is dismissed by the civil Court on 10/8/2011.

(3.) It is also undisputed that the other suit in O.S. No.938/2010, again for specific performance, between the parties was also pending before the civil Court as of 10/8/2011. The learned counsel for the appellant submits that this suit even today is pending, and he also submits that though the impugned order is dtd. 30/11/2018, the suit in O.S. No.937/2010 is not listed on the civil Court's board.