JUDGMENT

Ramachandran Nair, J.

This appeal is filed by the defendants in O.S. No.465/2003 on the file of the Ist Addl. Sub Court, Ernakulam which was decreed allowing the pleas of the plaintiff. The parties are referred to as arrayed in this appeal.

2. The respondent filed the suit seeking for a decree for specific performance and alternatively for return of advance money with interest and to realise the amounts towards damages suffered by him. It was partly decreed, viz. for return of advance money with interest at the rate of 18% from 17.7.1996 till the date of suit and at the rate of 6% thereafter till realisation. Both sides had filed appeals before this Court as R.F.A. No.452/2005 (appeal filed by the appellants herein) and R.F.A. NO.378/2006 (appeal filed by the respondent/plaintiff). The appeal filed by the plaintiff was confined to challenge against the refusal to award interest for certain periods. These appeals were disposed of by this Court by judgment dated 20.9.2007 which is reported as Peter Cherian v.

M.K. Abraham (2007 (4) KLT 679). The judgment is rendered by one of us (Ramachandran Nair, J.).

3. By the above judgment this Court inter alia rejected the contentions of t