This civil miscellaneous appeal is directed against the Order dated 05.10.2010 and made E.A.No.171 of 2010 in E.P.No.2 of 2004 in O.S.No. 49 of 1997, on the file of the learned District Judge, Kanyakumari at Nagercoil.

2. The facts, which giving rise to the memorandum of civil miscellaneous appeal may be summarized as under:

The appellants 1 and 2 are the defendants, whereas the respondent herein is the plaintiff in the suit in O.S.No. 49 of 1997 on the file of the learned Subordinate Judge, Kuzhithurai.

3. Both the appellants and respondent had entered into an agreement of sale on 18.01.1996 and thereby the appellants had agreed to sell their properties more fully described in the schedule in favour of the respondent for a total consideration of Rs. 54,00,000/-. Totally, the first appellant had received a amount of Rs. 4,45,000/- from the respondent towards advance. Even inspite of several demands, the appellants had not come forward to execute and register the sale deed. Hence, the respondent was constrained to file a suit in O.S.No. 49 of 1997, on the file of the learned Subordinate Judge, at Kuzhithurai to realize the sum of Rs. 7,23,920/-with interest at the rate