JUDGMENT

The 1^st defendant in O.S.No.510/2007, a suit for speci performance before the Sub Court, Alappuzha, has come up in this appeal aggrieved by the dismissal of the A.S.No.74/2009 by the District Court, Alappuzha, on the ground that the co-

defendant has not been impleaded in the appeal.

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

O.S.No.510/2007 is instituted by the respondent/plaintiff for specific performance of an agreement of sale dated 31.05.2007. According to the plaintiff, the defendants are the co-owners of the plaint schedule property extending to 10 cents comprised in Resurvey No.40/10-9 in Block No.7 of Pathirappally Village. An agreement of sale pertaining to the same was executed by the defendants for a total consideration of Rs.2,00,000/- and that the plaintiff had already parted with an amount of Rs.1,33,000/-. The period fixed for performance of the agreement was three months from 31.05.2007. The defendants resisted the suit. On a full fledged trial, the trial court by judgment dated 08.04.2009 allowed the suit and granted a decree for specific performance. Against the said judgment and decree, the 1^st defendant alone A.S.No.74/20