M P SANATHKUMAR Vs. RADAKRISHNA NAYAK

JUDGEMENT

(1.) THESE petitions have been filed challenging the Orders dated 8/12/2005 in Civil Miscellaneous Case Nos. 3 to 7 of 2005, directing to draw a Supplemental Preliminary Decree and to draw a supplemental Preliminary Decree and to return the advance amount of rs. 1,000. 00 with interest, within a period of 3 months from the date of the order, holding that the contract of performance has become impossible. In all these cases the facts are common, hence they are taken together for consideration.

(2.) THE common facts relevant for the purpose of these petitions are as under:

(3.) IT is the contention of the learned Counsel for the petitioners that the trial Court had no authority or jurisdiction to pass any Supplemental preliminary Decree contrary to the main decree passed in the suits bearing o. S. Nos. 96, 98 to 101/1989, dated 24. 3. 2000. It is also his contention that the miscellaneous cases filed by the respondents under the Provisions of the Code are not at all maintainable and that the trial Court has no jurisdiction to pass an independent decree under the above said provision. On these grounds, he has sought for setting aside the impugned Order and to dismiss the civil miscellaneous cases filed by the respondents under the provisions of the Code.