signed on 11.11.2016 in Title Suit No.52 of 2008. The plaintiff (respondent herein) has filed the said suit against the defendantrespondent for relief in the nature of Specific Performance of Contract dated 15.12.2005, the said suit was decreed by the judgment dated 06.10.2016 directing therein to execute registered sale deed in favour of the plaintiff/applicant (respondent herein), in respect of land and thereafter, the said Misc. Case has been filed for enforcement of judgment and decree dated 06.10.2016 decree signed on 11.11.2016. She further submits that in terms of the said judgment and decree, the respondent (herein) was directed to deposit the remaining consideration amount of Rs.21,000/- which was paid through e-challan to the respondent/defendant on 25.05.2022 and the plaintiff was directed to file the draft-deed before the learned Court but the draft-deed was not filed before the learned Court within time and in view of that the said Civil Misc. Case No.34 of 2019 was dismissed for default vide order dated 31.03.2023. Thereafter, Civil Misc. Case No.41 of 2023 was filed on 02.05.2023 before the learned Court for restoration of Civil Misc. Case No.34 of 2019 to its original file which was allowed. She submits that on notice, the petitioner herein is appeared before the learned Court. However, the learned Court has allowed the restoration. She further submits that the dismissal order was dated 31.03.2023, whereas the restoration petition was filed on 02.05.2023 and the learned Court has allowed the same vide the impugned order dated 21.12.2023. On these grounds she submits that the said impugned order may kindly be set aside.
