CHANDRAN Vs. MUSTHAFA

JUDGEMENT

(1.) The petitioners are the defendants in O.S. No. 39 of 2008 on the file of the Sub Court, Thalassery. They are also the respondents in I.A. Nos. 2467 & 2468 of 2009. The writ petition is filed seeking to set aside Ext. P4 common order dated 5.12.2009 in the above said I.As and to pass an order dismissing the said I.As as illegal and arbitrary.

(2.) I.A. No. 2467/2009 is an application filed under Section 28(3)(a) of the Specific Relief Act to direct the defendants in the suit (petitioners herein) to execute the sale deed in respect of plaint A, B and C schedule properties. I.A. No. 2468/2009 is filed under Section 151 of the Code of Civil Procedure to permit the plaintiff to deposit the balance sale consideration before the court.

(3.) The short facts leading to the filing of the aforesaid two writ petitions are as follows :