IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 FAO.No. 18 of 2009() -------------------- AGAINST THE ORDER DATED 01/12/2008 IN IA 4269/08 IN OS.566/2008 of ADDL.SUB COURT,KOTTAYAM .................... APPELLANT/PETITIONER: ------------------------------------- T.SHENGOTTAI SINGAM, S/O.THIRUMALA SWAMY THEVAR, THEVAR ILLAM HOUSE, KOLLAM VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU SRI.B.PREMNATH (E) RESPONDENTS: ---------------------- 1. XAVIER JOSEPH, S/O.A.V.XAVIER, EDATTU HOUSE, MEENACHIL VILLAGE, PALA KARA, MEENACHIL TALUK, KOTTAYAM 2. DEEPU ZACHARIAH, S/O.ZACHARIA, KALARICKAL HOUSE, THIRUNAKKARA KARA, KOTTAYAM VILLAGE, KOTTAYAM TALUK. 3. MARIAMMA ZACHARIAH, W/O.LATE ZACHARIA KALARICKAL HOUSE, THIRUNAKKARA KARA, KOTTAYAM VILLAGE, KOTTAYAM TALUK. BY ADV. SRI.K.GOPALAKRISHNA KURUP FOR R1 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 09/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A. 201/ 09 AND IA. 417 / 09 ON F.A.O. NO: 18 OF 2009 CLOSED. SD/- K.M.JOSEPH (JUDGE) SD/- M.L.JOSEPH FRANCIS (JUDGE) 9.12.2009 K. M. JOSEPH & JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - F.A.O. NO: 18 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th Day of December , 2009. JUDGMENT K. M. Joseph J., The appellant is the plaintiff in a suit for declaration and injunction. The first respondent filed a suit for specific relief against the second and third respondents. The suit was decreed exparte on 29.9.2004. Subsequently, the exparte decree was set aside and court below decreed return of advance as against the 2nd and third respondents on 4.10.2005. The appellant purchased the plaint schedule property by sale deed dated 3.3.2006. In execution of the decree for return of advance, the first defendant filed execution petition. The property was brought to sale. Thereupon the appellant filed a suit for setting aside the decree obtained against 2nd and 3rd respondents and for injunction. The appellant filed an F.A.O. NO: 18 OF 2009 :2: application for temporary injunction. The said application was dismissed. 2. We heard the learned counsel for the appellant and learned counsel for the first respondent. 3. We do not see any merit in the appeal and accordingly the appeal is dismissed. But we direct the court below to dispose of the suit No: 566 of 2008 on or before 31st March 2010. It is open to the petitioner to withdraw the bank guarantee. K. M. JOSEPH, JUDGE M. L. JOSEPH FRANCIS, JUDGE. dl/