THALAYILLATH ABDULLA Vs. SREEJITH P.V.

JUDGEMENT

(1.) O.P(C).No. 465 of 2022 is one filed under Article 227 of the Constitution of India by the judgment debtors/defendants in O.S. No. 54/2018 on the file of the Munsiff Court, Hosdurg. In this petition, the plaintiff/decree holder in the above Suit is the respondent. In this case, the petitioner sought the relief to set aside Ext.P4 order dtd. 21/2/2022, whereby the Munsiff found that the property is liable to be delivered with liberty to the judgment debtors to produce stay order, if any, in view of pendency of Revision Petition. In fact, no Revision Petition has been pending in this matter.

(2.) In O.P(C).No. 322/2022 filed under Article 227 of the Constitution of India, the plaintiff in the above Suit, the petitioner herein, challenges the common judgment in C.M.A.No. 22/2021 and 23/2021 dtd. 7/1/2022. In this case, the respondents are the defendants in the above Suit.

(3.) I shall refer the parties in these Original Petitions as Abdulla (plaintiff) and Sreejith. P.V and others (defendants). Abdulla filed Suit as O.S. No. 54/2018 for evicting the defendants, who are occupying the building owned by the Abdulla, as tenants. On notice, the defendants appeared before the trial court and proceeded the matter. Thereafter, when the case was listed for trial, the defendants were absent and they were set exparte. Accordingly, exparte decree was passed on 25/9/2019. Thereafter, on the application of the defendants, exparte decree was set aside on 12/12/2019. Subsequently, the case was again listed for trial and it was adjourned several times on the basis of the submission made by Sreejith.P.V and others. Despite having availed many adjournments, the defendants were absent before the court on 22/7/2021 and accordingly, again exparte decree was passed.