IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 WP(C).No. 21455 of 2008(D) ----------------------------------------- (I.A.NO.590 OF 2008 IN O.S.NO.36 OF 2003 OF MUNSIFF COURT,HARIPAD) PETITIONER: --------------------- P.K. BALAN, AISWARYA (MUTTATHADIKKAL), KARUVATTA VADAKKUM MURI, KARUVATTA VILLAGE, ALAPPUZHA. BY ADV. SRI.P.R.VENKETESH SRI.ABRAHAM GEORGE JACOB RESPONDENTS: ------------------------- 1. SYAMALA, D/O. JANAKIYAMMA, KUTTANTHARAYILVEEDU, KARUVATTA VADAKKUM MURI, KARUVATTA VILLAGE, ALAPPUZHA. 2. CHELLAMMA, W/O. DAMODARAN NAIR, RESIDING - DO- 3. RASHEEDA OF KOCHEETHARA PUTHENPURAYIL FROM KOCHEETHARA VADAKKATHIL OF KARUVATTA VADAKKUM MURI, KARUVATTA VILLAGE, ALAPPUZHA. 4. ABDUL KHADER KUNJU OF -DO-..DO...DO..DO..DO..... 5. SARSWATHI MUTTATHADIKKAL OF KARUVATTA VADAKKUM MURI, KARUVATTA VILLAGE, ALAPPUZHA. 6. RAVI OF -DO-..DO...DO...DO...DO.... ADV. SRI.A.KRISHNAN FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.21455/2008 D APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PLAINT DTD. 27/01/2003 IN O.S.36 OF 2003 BEFORE THE MUNSIFF'S COURT, HARIPAD. EXT.P2: COPY OF THE COUNTER CLAIM FILED BY THE PETITIONER DTD. 23/11/2006 IN O.S.36 OF 2003 OF THE MUNSIFF COURT, HARIPAD. EXTP3: COPY OF I.A.590 OF 2008 DTD. 07/04/2008 OF MUNSIFF COURT, HARIPAD. EXT.P4: COPY OF THE OBJECTION FILED BY RESPONDENTS 3 AND 4 TO I.A.590 OF 2008 DTD. 11/06/2008 OF MUNSIFF COURT, HARIPAD. EXT.P5: COPY OF THE OBJECTION FILED BY THE WRIT PETITIONER IN I.A.590 OF 2008 IN O.S.NO.36 OF 2003 OF MUNSIFF COURT, HARIPAD. EXT.P6: COPY OF THE ORDER DTD. 19/06/2008 IN I.A.590 OF 2008 IN O.S.NO.36 OF 2003 OF MUNSIFF COURT, HARIPAD. RESPONDENT'S EXHIBITS: EXT.R1(A): COPY OF THE SKETCH. EXT.R1(B): COPY OF THE COMMISSION REPORT AND MAHAZAR DTD. 07/03/2008 IN O.S.NO.36/03. /TRUE COPY/ P.S.TO JUDGE Kss M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C) NO. 21455 OF 2008 =========================== Dated this the 2nd day of September, 2008 JUDGMENT This petition is filed under Article 227 of the Constitution of India to quash Ext.P6 order passed by Munsiff Court, Haripad in I.A.590/2008 an application filed by respondents 1 and 2 to get themselves impleaded in the counter claim filed by the petitioner. Under Ext.P6 order learned Munsiff allowed respondents 1 and 2 the strangers to get themselves impleaded as defendants 5 and 6. 2. Learned counsel appearing for petitioner and learned counsel appearing for respondents 1 and 2 were heard. 3. The argument of the learned counsel is that counterclaim was raised by the petitioner in the suit instituted by respondents 3 and 4 and as respondents 1 and 2 strangers, who were allowed to be impleaded under Ext.P6, are not parties to the suit, they are not entitled to get themselves W.P.(C)21455/2008 2 impleaded in the counter claim. 4. Learned counsel appearing for respondents 1 and 2 argued that by the decree sought to be obtained in the counterclaim petitioner is seeking to get a portion of the pathway declared as his own and therefore there is no illegality in Ext.P6 order. 5. The decree sought for in Ext.P2 counterclaim is only as against respondents 3 and 4. If the petitioner is not allowing respondents 1 and 2 to get themselves impleaded in the counterclaim and defend the claim raised in the counterclaim they are entitled to contend that the decree, if any passed in the counterclaim is not binding on them. As petitioner is objecting to the petition filed by the third parties to get themselves impleaded in the counterclaim and as they are not parties to the suit Ext.P6 order is quashed making it clear that the decree if any passed in the counterclaim will not be binding on respondents 1 and 2. Writ Petition is disposed of as above. W.P.(C)21455/2008 3 M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006