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Judgment
Sathish Ninan, J.
The ex parte decree for recovery of possession is under challenge in this appeal by the second defendant.
The suit is of the year 2018. There is yet another suit pending between the parties as OS 253/2018 before the very same court. That suit is one for specific performance of an alleged agreement for sale.
The learned counsel appearing for the first respondent-plaintiff, on instructions, submits that the plaintiff has no objection in the impugned decree being set aside and an opportunity being granted to the defendants to contest the suit and to invite a judgment on merits.
The learned counsel for the first respondent-plaintiff further submits that OS 253/2018 presently stands dismissed for default and that the first respondent does not intend to oppose the prayer for restoration of the suit, and that the same can be jointly tried along with the present suit. He only seeks for expeditious disposal of the suits.
We do notice that the suits are of the year 2018. It is only proper that the suits be jointly tried and disposed of on merits at the earliest.
In the light of the above, the impugned decree and judgment are set aside. The suit will stand remanded back to the trial court for disposal de novo, along with OS 253/2018 on the same being restored. Endeavour may be made by the Court to have the suit disposed of within a period of three months from the date of receipt of a copy of this judgment.
The Court fee paid on the memorandum of appeal is to be refunded to the appellant.