The main reliefs prayed for in this Original Petition are as follows:
“a. to direct the court below not to proceed with the trial of the suit in O.S. No. 1040 of 2012 before the Sub Court, Ernakulam and to remove Ext.P1 suit from the list dated 15.11.2014 before considering Exts.P5 to P8.
b. to call for the records relating to Ext.P5 to P8.
c. to direct the Sub Court, Ernakulam to consider and pass orders on Exts.P5 to P8 after hearing the petitioners and respondents 1 to 3.”
2. It is submitted by the learned counsel for the petitioners that the suit was dismissed for default and the two applications filed by the petitioners were also closed in view of the dismissal of the suit.
O.P.(C)2674/2014. 2
3. Normally, as rightly pointed out by the learned counsel for the petitioners, when the suit is restored, these I.As. are also normally to be restored to file. That was not done in this case and that has caused the petitioners to file Exts.P5 and P6 petitions to restore the two earlier applications. The grievance of the petitioners is that while those petitions are pending, the suit is listed for trial tomorrow. Learned counsel for the petitioners points out that if Exts. P5 and P6 petitions are not considered and the matter is taken up for trial, they will be put to irreparable loss and injury.
Hence, this Original Petition is disposed of directing Sub Court, Ernakulam to consider Exts.P5 and P6 petitions in accordance with law and thereafter commence the trial of the suit.
P. BHAVADASAN, JUDGE sb.