JUDGMENT

Dated this the 22nd day of July, 2022 The original petition is filed to set aside the order dated 30.06.2022 passed in E.P.No.36/2021 in O.S.No.57/2004 (Ext.P4) of the Court of the Munsiff, Attingal.

2. The petitioner's case, in a nutshell, relevant for determination of the original petition is that he was the defendant in the above suit, which has been filed by the respondent, for an order of eviction. The petitioner had filed another suit as O.S.No.75/2004 against the respondent, for declaration of title and consequential injunction. The suits were consolidated and jointly tried. By a common judgment dated 11.12.2009, the trial court dismissed the suit filed by the petitioner and decreed the suit filed by the respondent. The petitioner challenged the common judgment and decree by filing A.S.Nos.72/2010 and 73/2010 before the Court of the Subordinate Judge, Attingal (Appellate Court). The Appellate Court also by its common judgment dated 16.09.2020, dismissed the appeals. The petitioner has filed second appeals before this Court. In the meantime, the respondent has put the decree in O.S.No.57/2004 to execution by filing E.P.No.36/2021. The court below, without issuing notic