IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 WP(C).No. 9245 of 2008(A) ----------------------------------- OS.339/2006 of MUNSIFF COURT,MUVATTUPUZHA .................... PETITIONER: ------------------- CHOTHI, S/O. KUMARAN, AGED 66 YEARS, CHUNDUMALAYIL HOUSE, MANEED KARA, MANEED VILLAGE. BY ADV. SRI. BIJU ABRAHAM SRI.R.RATHEESH RESPONDENTS: ------------- 1. M.S. MADHAVAN, AGED 54 YEARS S/O. SIVADASAN, KUNJAN MALAYIL HOUSE MANEED KARA, MANEED VILLAGE. 2. DAMODARAN NAMBOOTHIRI, AGED 43 YEARS S/O. NARAYANAN NAMBOOTHIRI, RESIDING AT KAUTHAKAPPILLIL ILLAM (NANDU ILLAM) MANEED KARA, MANEED VILLAGE. 3. KUNJOONJU, S/O. DANIEL, AGED 25 YEARS, AMBALATHAKIDIYIL, MANEED KARA, MANEED VILLAGE. 4. AVIRACHAN, S/O. PATHROSE, VAZHAKKALYIL HOUSE, MANEED KARA,MANEED VILLAGE. 5. VIJI, S/O. THEVAN, AGED ABOUT 40 YEARS AMBALATHAKIDIYIL HOUSE, MANEED KARA,MANEED VILLAGE BY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.9245/2008 A APPENDIX PETITIONER'S EXTS: EXT - P1 : A TRUE COPY OF THE PLAINT IN O.S.339/2006 ON THE FILES OF MUNSIFF COURT, MUVATTUPUZHA EXT - P2 : A TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANTS IN O.S. 339/2006 ON THE FILES OF MUNSIFF COURT, MUVATTUPUZHA. EXT - P3 : A TRUE COPY OF THE COMMISSION REPORT WITH SKETCH DATED 07-11- 2007 IN I.A. NO. 4735/2006 IN O.S. 339/2006 ON THE FILES OF MUNSIFF COURT, MUVATTUPUZHA. EXT - P4 : A TRUE COPY OF THE LIST OF WITNESS SUBMITTED BY THE DEFENDANTS ON 04-02-2008 IN O.S. 339/2006 ON THE FILES OF MUNSIFF COURT, MUVATTUPUZHA. EXT - P5 : A TRUE COPY OF THE APPLICATION FILED BY THE DEFENDANTS AS I.A. NO. 698/2008 IN O.S. 339/2006 ON THE FILES OF MUNSIFF COURT, MUVATTUPUZHA. EXT - P6 : A TRUE COPY OF THE PROOF AFFIDAVIT FILED BY THE DW2 IN LIEU OF CHIEF EXAMINATION DATED 10-03-2008 BEFORE THE MUNSIFF COURT, MUVATTUPUZHA IN O.S. 339/2006. EXT - P7 : A TRUE COPY OF THE APPLICATION SUBMITTED BY RESPONDENTS 1 AND 2 HEREIN AS I.A. 866/2008 IN O.S. 339/2006 ON THE FILES OF MUNSIFF COURT, MUVATTUPUZHA. EXT - P8 : A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PLAINTIFF IN I.A. 886/2008 IN O.S. 339/2006 ON THE FILES OF MUNSIFF COURT, MUVATTUPUZHA. EXT - P9 : A TRUE COPY OF THE ORDER DATED 11-03-2008 IN I.A. NO. 866/2008 IN O.S. 339/2006 ON THE FILES OF MUNSIFF COURT, MUVATTUPUZHA. /TRUE COPY/ PA TO JUDGE RHS M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C) NO. 9245 OF 2008 =========================== Dated this the 29th day of May, 2008 JUDGMENT This petition is filed to quash Ext.P9 order passed by Munsiff, Muvattupuzha whereunder additional defendants were impleaded at their instance. The suit is one for injunction. The petition for impleading was opposed by the plaintiff. Learned Munsiff allowed the application ignoring the fact that suit is one for injunction and plaintiff does not seek a decree as against the persons sought to be impleaded. Eventhough notice was served on respondents, they did not appear after receipt of the notice. As in a suit for injunction petitioners in I.A.866/08 are not necessary as against the wishes of the plaintiff. Ext.P9 order is quashed. Writ Petition is disposed of as above. M.SASIDHARAN NAMBIAR JUDGE CRRP 2 tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006