JUDGMENT

The original petition has been filed challenging the order dated 12.01.2026 in EA.No.3 of 2025 in EP.No.82 of 2024 in OS.No.146 of 2008. The petitioner was the 3^rd defendant in a suit for specific performance of an agreement executed between the 1^st defendant and the plaintiff. The suit was decreed. RFA No.537 of 2013 filed by the 1^st defendant was dismissed by Ext.P2 judgment dated 14.11.2024. The decree holder filed EP.No.82 of 2024 soon after the dismissal of the first appeal, in December, 2024 and sought permission to deposit the balance consideration since the 1^st defendant did not accept the same. At that stage, the 3^rd defendant filed EA No.3 of 2025 under Section 28 of the Specific Relief Act (‘the Act’ for short) praying that the contract dated 05.06.2007 in the suit should be rescinded for not making the deposit as per the decree. The Execution Court by Ext.P6 order, rejected the application. The original petition has been filed in the above circumsta