JUDGMENT

The defendants in a suit for specific performance have come up with the appeal against the concurrent findings rendered by the courts below on the ground that the present suit is hit by the provisions of Order II Rule 2 of the Code of Civil Procedure .

2. The brief facts necessary for the disposal of the appeal are as follows:-

An agreement of sale was entered into between the plaintiff and the defendants on 15.07.2009 fixing 8 months for performance. An extent of 17 ¼ cents of land included in Re-survey No.313/5/2 of Ezhukone Village was the subject matter of the agreement for the sale for a total sale consideration of Rs.12,75,000/-. Defendants 1 and 2 received a sum of Rs.4 lakhs as advance from the plaintiff and thereafter, did not show their willingness to execute the sale deed. Hence, the plaintiff filed O.S.No.568/2009 before the Munsiff Court, Kottarakkara seeking for injunction to restrain the defendants from alienating the plaint scheduled property. Later, on 02.07.2010, the said suit was not pressed. In the meantime, on 19.03.2010, the present suit was filed for specific performance. It appears that, after filing the second suit, the first suit was not pressed