IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 WP(C).No. 36132 of 2007(B) -------------------------- AGAINST THE ORDER IN IA 1125/05,1124/05 IN OS.244/2003 of MUNSIFF COURT, PUNALUR .................... PETITIONER: --------------------- A.K.NAZAR, THERIPPURATHUPUTHEN VEEDU, PATHANAPURAM TALUK, NOW RESIDING AT SINAICHETTISTREET HOUSE NO. 53 (OLD) CHINNATHARIPETTU VILLAGE, CHENNAI 2 MYLAPOOR, TRIPPLICKAL TALUK. BY ADV. SRI.B.KRISHNA MANI RESPONDENTS: -------------------------- 1. ABDUL MAJEED, EAM HOUSE, KARYARA MURI, VILAKUDY VILLAGE, P.P.M.P.O., PATHANAPURAM TALUK. 2. ARIFA,W/O. IBRAHIMKUTTY DO..DO.... 3. ABDUL RASHEED DO....DO... BY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON I.A.NO.8471/2008 IN WP(C) NO.36132/2007 B DISMISSED 5/08/2008 SD/- M.SASIDHARAN NAMBIAR, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PLAINT DTD. 9/07/2003 IN O.S.NO.244/03 BEFORE THE MUNSIFF'S COURT, PUNALUR. EXT.P2: COPY OF THE APPLICATION FOR IMPLEADING THE LEGAL HEIRS DTD. 18/06/2005. EXT.P3: COPY OF THE APPLICATION DTD. 18/06/2005. EXT.P4: COPY OF THE OBJECTION DTD. 05/01/2006 FILED BY THE 2ND DEFENDANT. EXT.P5: COPY OF THE ORDER DTD. 01/04/2006 IN I.A.NO.1124/2005 IN O.S.NO.244/2003 BEFORE THE MUNSIFF'S COURT, PUNALUR. EXT.P6: COPY OF THE ORDER DTD. 01/04/2006 IN I.A.NO.1125/2005 IN O.S.NO.244/2003 BEFORE THE MUNSIFF'S COURT, PUNALUR. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss M. SASIDHARAN NAMBIAR, J. ------------------------------------------ W.P.(C) NO. 36132 OF 2007 ------------------------------------------ Dated this the 5th day of August, 2008 JUDGMENT Petitioner is the plaintiff and respondents the defendants in the suit. On the death of first defendant, petitioner filed I.A. 1124 of 2005, an application to implead his legal heirs as additional defendants and I.A. 1125 of 2005 to condone the delay. Petitions were dismissed under Ext.P5 and P6 orders which is challenged in this writ petition filed under Article 227 of Constitution of India. 2. Though notice were served on second and third respondents, they did not appear. Learned counsel appearing for petitioner was heard. 3. I.A.1124 of 2005, the application to implead legal heirs of the first defendant was dismissed as follows:- “Heard both sides. The suit is one for injunction. The relief sought is against the 1st defendant. Since the relief is against a person the impleading petition is disallowed” WP(C)36132/07 2 The order does not make any sense. It is not the law that in a suit for injunction legal heirs of the deceased defendant cannot be impleaded. Under Ext.P6 order the petition to condone the delay was dismissed for the reason that I.A. 1124 of 2005 was dismissed. Learned counsel appearing for petitioner submitted that even notice to the legal heirs were not issued. 4. In such circumstances, Ext.P5 and P6 orders are quashed. Munsiff Court, Punalur is directed to restore I.A.1124 of 2005 and I.A.1125 of 2005 to file and issue notice to the proposed legal heirs and dispose the petitions in accordance with law. Writ petition is disposed of as above. M. SASIDHARAN NAMBIAR, JUDGE Okb/-