IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 1ST SEPTEMBER 2011 / 10TH BHADRA 1933 OP(C).No. 2887 of 2011(O) ------------------------------------- [AS.NO.53/2011 OF SUB COURT, PERUMBAVOOR, O.S.NO.7/2008 OF THE MUNSIFF'S COURT, PERUMBAVOOR] .................... PETITIONERS: --------------------- 1. AMMINI ABRAHAM, AGED 60 YEARS, W/O.ABRAHAM, KAPPIKKUZHICHALIL(H), KEEZHILLAM KARA, RAYAMANGALAM VILLAGE. 2. GLORY ABRAHAM, AGED 33 YEARS, D/O.ABRAHAM, KAPPIKKUZHICHALIL(H), KEEZHILLAM KARA, RAYAMANGALAM VILLAGE. 3. BLESSEN ABRAHAM, AGED 27 YEARS, S/O.ABRAHAM, KAPPIKKUZHICHALIL(H), KEEZHILLAM KARA, RAYAMANGALAM VILLAGE. 4. BLESSY ABRAHAM, AGED 24 YEARS, D/O.ABRAHAM, KAPPIKKUZHICHALIL (H), KEEZHILLAM KARA, RAYAMANGALAM VILLAGE. BY ADVS. SRI.K.SUNILKUMAR, SMT.K.S.JEENA REETHA. RESPONDENTS: ------------------------ 1. JOSEPH, AGED 62 YEARS, S/O.VARKEY, KAYYANICKAL (H), KUNNUKURUDY BHAGOM, AIRAPURAM KARA, AIRAPURAM VILLAGE-683 541. 2. MATHAI, AGED ABOUT 58 YEARS, S/O.YACOB, VELAMMAVUKUDY HOUSE, KOLENCHERY KARA, AIKKARANAD SOUTH VILLAGE, PIN-682 311. O.P.(C).NO.2887/2011-O: 3. ALIYAMMA, AGED ABOUT 50 YEARS, BANK EMPLOYEE, W/O.MATHAI, VELAMMAVUKUDY HOUSE, KOLENCHERY KARA, AIKKARANAD SOUTH VILLAGE-682 311. 4. CHACKOCHAN @ CHACKO, S/O.VARKEY, KAYYANICKAL (H), KUNNUKURUDY KARA, AIRAPURAM VILLAGE, PIN-683 574. 5. LEELA, D/O.VARKEY, KAYYANICKAL (H), KUNNUKURUDY KARA, AIRAPURAM VILLAGE-683 541. 6. MARY ANTONY, AGED 52 YEARS, W/O.ANTONY, PARACKAL HOUSE, CHENGAL KARA, KALADY P.O., VADAKKUM BHAGOM VILLAGE, ALUVA TALUK-683 574. 7. D.ANTONY, AGED 54 YEARS, S/O.DEVASSYKUTTY, PARACKAL HOUSE, CHENGAL KARA, KALADY P.O., VADAKKUM BHAGOM VILLAGE, ALUVA TALUK-683 574. BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 01/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(C).NO.2887/2011-O: APPENDIX PETITIONER'S EXHIBITS: EXT.P.1: COPY OF THE COMMON JUDGMENT IN O.S. NO.7/08 AND O.S.NO.25/2008 OF THE HON'BLE MUNSIFF'S COURT, PERUMBAVOOR. EXT.P.2: COPY OF THE APPEAL MEMORANDUM FILED BY THE PETITIONERS BEFORE THE HON'BLE SUB COURT, PERUMBAVOOR. EXT.P.3: COPY OF THE SALE DEED NO.540/2011 OF S.R.O, KURUPPAMPADY EXECUTED BETWEEN THE RESPONDENTS 2-3 AND RESPONDENTS 6-7. EXT.P.4: COPY OF THE IMPLEADING PETITION DTD. 26/08/2011 IN I.A. NO. 1096/2011 FILED BY THE PETITIONERS BEFORE THE SUB COURT, PERUMBAVOOR. EXT.P.5: COPY OF THE INJUNCTION APPLICATION DTD. 26/08/2011 IN I.A. NO. 1097/2011 FILED BY THE PETITIONERS BEFORE THE SUB COURT, PERUMBAVOOR. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. THOMAS P.JOSEPH, J. ==================================== O.P(C) No.2887 of 2011 ==================================== Dated this the 01st day of September, 2011 J U D G M E N T Additional plaintiffs 2 to 5, in O.S. No.7 of 2009 of the court of learned Munsiff, Perumbavoor are the petitioners before me seeking a direction for early disposal of I.A. Nos.1096 and 1097 of 2011 in A.S. No.53 of 2011 pending in the court of learned Sub Judge, Perumbavoor. The predecessor-in-interest of petitioners filed O.S. No.7 of 2008 for a declaration that sale deed No.34 of 1998 executed in favour of mother of the first respondent and subsequent documents are void, claiming that document No.34/1998 was executed as security for a loan transaction. Respondents 2 and 3 filed O.S. No.25 of 2008 claiming title over the property pursuant to sale deed No.34 of 1998 and the subsequent documents. Learned Munsiff dismissed O.S. No.7 of 2008 and decreed O.S. No.25 of 2008. Petitioners filed A.S. No.53 of 2011 in the court of learned Sub Judge, Perumbavoor against the dismissal of O.S. No.7 of 2008. Grievance of petitioners is that during the pendency of the appeal, property has been transferred to respondents 6 and 7 and thereon petitioners filed I.A. No.1096 and 1097 of 2011 to implead respondents 6 and 7 in O.P(C) No.2887 of 2011 -: 2 :- the appeal and for injunction to restrain them from effecting mutation, etc., of the property. Those applications are so far not disposed of by the learned Sub Judge. 2. Learned counsel submitted that Section 52 of the Transfer of Property Act applied to the transfer pendente lite, but to avoid multiplicity of proceedings it is necessary that respondents 6 and 7 are impleaded in the appeal and they are injuncted from effecting mutation, etc., as prayed for in I.A. Nos.1096 and 1097 of 2011. 3. Having heard counsel I am inclined to direct the learned Sub Judge to dispose of I.A. Nos.1096 and 1097 of 2001 expeditiously. This Original Petition is disposed of directing the learned Sub Judge, Perumbavoor to dispose of I.A. Nos.1096 and 1097 of 2011 (if steps on those applications are complete and if there is no other legal impediment in doing so) as early as possible having regard to the grievance of petitioners. THOMAS P. JOSEPH, JUDGE. vsv