ASHY Vs. P K CHANDRAN

JUDGEMENT

(1.) The petitioners filed O.S.No.638 of 2007, on the file of the court of the Subordinate Judge of Thrissur, for a declaration that the decree passed in O.S.No.25 of 1997 is not binding on them. O.S.No.25 of 1997 was a suit for specific performance of contract after nullifying certain subsequent transactions. O.S.No.25 of 1995, Sub Court, Thrissur was decreed on 12.11.2001 and the appeal therefrom was dismissed on 31.3.2005. Thereafter, the petitioners filed O.S.No.638 of 2007.

(2.) On 15.10.2010, O.S.No.638 of 2007 filed by the petitioners was dismissed for default. On 26.10.2010, the petitioners filed I.A.No.9784 of 2010 (Exhibit P4) under Rule 9 of Order 9 of the Code of Civil Procedure to restore the suit which was dismissed for default. The grievance of the petitioners is that I.A.No.9784 of 2010 is not disposed of but the same time, the execution proceedings in O.S.No.25 of 1997 are proceeded with.

(3.) The reliefs prayed for in the Original Petition are the following :