T.M.LEELA Vs. P.K.VASU

JUDGEMENT

(1.) The challenge in this Original Petition is to the common order dtd. 25/2/2021 passed by the Additional Subordinate Judge's Court, Palakkad, in I.A Nos.2853/2018 and 1403/2020 in O.S No.560/2012. The petitioners are the defendants. The respondents are the plaintiffs.

(2.) The plaintiffs instituted a suit for specific performance of a contract against the defendants in respect of an immovable property owned by the defendants. The Trial Court referred the matter to the Lok Adalat. The parties arrived at a settlement on 17/7/2018. The Lok Adalat passed Ext.P4 award based on Ext.P3 joint statement containing the terms of the agreement.

(3.) On 24/9/2018, the plaintiffs filed I.A No.2853/2018 under Sec. 151 CPC (Ext.P5) seeking permission to deposit the balance sale consideration stating that the defendants did not perform their part of the contract. On 24/9/2020, the defendants filed I.A No.1403/2020 (Ext.P7) under Sec. 28(1) of the Specific Relief Act read with Sec. 151 CPC to rescind the contract and set aside the decree. The Trial Court considered both petitions together and passed the impugned order, allowing I.A No.2853/2018 and dismissing I.A No.1403/2020. This common order is under challenge at the instance of the defendants.