IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 CRP.No. 681 of 2008 ---------------------------- (ORDER DTD. 18TH JULY 2008 IN I.A. NO. 1897/2008 IN O.S. NO. 293/2006 OF THE MUNSIFF'S COURT, PERUMBAVOOR). .................... REVN. PETITIONER/ DEFENDANTS 1 & 2/ RESPONDENTS 1 & 2: ------------------------------------------------------------------------------------------- 1. AMINA, AGED 42 YEARS, W/O. LATE ABOOBACKER, VELLEKKATTU HOUSE, ARACKKAPPADY.P.O., PERUMBAVOOR, ERNAKULAM DISTRICT. 2. LAILA, AGED 22 YEARS, D/O. LATE ABOOBACKER, VELLEKKATTU HOUSE, ARACKKAPPADY.P.O., PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADV. SRI.C.A.NAVAS. RESPONDENTS/ RESPONDENTS 3 TO 6 / PETITIONERS 1 & 2/ DEFENDANTS & PLAINTIFFS: ----------------------------------------------------------------------------------------------------------------- 1. KOCHU MOHAMMED, AGED 58 YEARS, S/O. LATE IBRAHIM, VELLAKATTU (KAROTHUKUDY) HOUSE, ARAKKAPADY VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. 2. FATHIMA, AGED 85 YEARS, W/O. LATE IBRAHIM, VELLAKATTU (KAROTHUKUDY) HOUSE, ARAKKAPADY VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. 3. P.K. UNNIKRISHNAN, AGED 54 YEARS, S/O. KRISHNAN, PANIYANCHERY HOUSE, PATTIMATTOM VILLAGE, KUNNATHUNADU THALUK, ERNAKULAM DISTRICT. 4. P.P. CHERIAN, AGED 56 YEARS, S/O. LATE P.C. PAULOSE, PULLAMKOTTU HOUSE, EZHAKKARANADU.P.O., ERNAKULAM DISTRICT. C.R.P. NO. 681/2008: 5. K.M. ABDUL RAHIMAN, AGED 58 YEARS, S/O. KARAKKAR HAJJIYAR, KOTHAKULATHIL HOUSE, PATTIMATTOM VILLAGE, KUNNATHUNADU THALUK, ERNAKULAM DISTRICT. 6. MOHAMMED, AGED 45 YEARS, S/O. KOCHUMOHAMMED, KOTTAALIKKUDIYIL HOUSE, PATTIMATTOM VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. BY THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR, J. ........................................... CRP.No. 681 OF 2008 ............................................ DATED THIS THE 3RD DAY OF SEPTEMBER, 2008 ORDER This petition is filed under Section 115 of Code of Civil Procedure, challenging the order passed by Munsiff, Perumbavoor in I.A.1897 of 2008 in O.S.293 of 2006, an application filed under sub-rule 3 of Rule 1 of Order XXIII of Code of Civil Procedure, for permission to withdraw the suit with liberty to file fresh suit. Under the impugned order, leaned Munsiff, finding that without impleading the necessary parties, an executable decree cannot be passed, granted liberty to plaintiffs to withdraw the suit on payment of cost of Rs.1000/- to defendants. 2. The argument of the learned counsel appearing for petitioners is that in the written statement filed in 2006 itself, it was contended that the suit is bad for non joinder of necessary parties and in such circumstances in 2008, permission should not have been granted to withdraw the suit and therefore the order is illegal. 3. Going through the impugned order, I do not find any illegality or irregularity, warranting interference in exercise of CRP 681/2008 2 the revisional powers of this court. Learned Munsiff found that as the suit now stands, plaintiffs cannot get an executable decree as the property was alienated by first defendant to defendants 3 and 4 and they, in turn to 6th defendant, who also alienated the property and in such circumstances, an opportunity is to be granted to withdraw the suit with liberty to file fresh suit. In the circumstances of the case, I do not find any reason to interfere with that order. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE lgk/-