D.MURUGESAN, J.

This Original Side Appeal is directed against the order of the learned single Judge dated 03.12.1997 made in Application No.2668 of 1997 in C.S.No.269 of 1996.

2. The appellants are the plaintiffs and the respondents are the defendants in the suit and the parties are referred to in the order as arrayed in the appeal. Few facts, which are relevant for the disposal of the appeal may be summarized as follows:-

The appellants filed the suit against the respondents for a judgment and decree, directing the respondents jointly and severally to pay the appellants a sum of Rs.71,80,888/- together with interest thereof at the rate of 28% p.a. on Rs.56,00,000/- from the date of the plaint till the date of payment and in default thereof to pass a charge decree and order for sale of the 8.84 lakh bonus shares of the third respondent company.

3. While the suit was pending, Application No.909 of 1997 was filed by the appellants to record the Memorandum of Compromise dated 30.04.1996 entered into between the first appellant and first and second respondents and for passing a compromise decree in the suit. In the said

memorandum of compromise, first and second respondents