IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 OP(C).No. 2579 of 2011(O) ------------------------- AGAINST THE ORDER DATED 16/03/2011 IN IA 1300/2011 IN OS.489/2004 of I ADDL.SUB COURT,TRIVANDRUM .................... PETITIONER(S)/PLAINTIFFS/PETITIONERS: -------------------- 1. CLEMENT MOSSES, MAY BHAVAN, ATTINKUZHI KAZHAKKUTTOM, THIRUVANANTHAPURAM. 2. GLADIES CLEMENT, W/O.CLEMENT MOSSES, MAY BHAVAN, ATTINKUZHI KAZHAKKUTTOM, THIRUVANANTHAPURAM. BY ADV. SRI.S.V.PREMAKUMARAN NAIR SRI.R.T.PRADEEP RESPONDENT(S)/DEFENDANTS/COUNTER PETITIONERS: --------------- 1. LITTY ROBERT, SREESAILAM HOUSE, PATTATHANAM VADAKKEVILA VILLAGE, KOLLAM – 691010. 2. ROBERT, RESIDING AT SREESAILAM HOUSE, PATTATHANAM VADAKKEVILA VILLAGE, KOLLAM – 691010. 3. SATHI DEVI, T.C.36/648, ENJAKKAL, MANACAUD VILLAGE, VALLAKADAVU P.O., THIRUVANANTHAPURAM-695 008. 4. JOHNY VARGHESE @ THAMPAN, GREEN LANE, VILAYIL THOPPE, KARPPORAM, CHERRY, VADAKKEVILA VILLAGE, KOLLAM DISTRICT – 691010. 5. E.BABY, SAJENA MANZIL, ANCHANMUKKU, KOTTAKKADU P.O., MAYYANAD, KOLLAM DISTRICT – 691 013. 6. SHAJAHAN, T.C.2/727, ALINA GARDEN, ATTINKUZHI, THIRUVANANTHAPURAM – 695 587. 7. SUDHEESH KUMAR, VARAMBIL VEEDU, KULATHOOR P.O. - 695 583. 8. THULASI RAJ, REVATH RAM, ATTINKUZHI, KAZHAKKUTTOM, THIRUVANANTHAPURAM – 695582. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO.2579/2011 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE PLAINT IN OS 489/2004 DATED 22.9.2004 FILED BY PETITIONER BEFORE I ADDL. SUB COURT, THIRUVANANTHAPURAM EXT.P2 TRUE COPY OF APPLICATION DATED 14.3.2011 IN OS 489/2004 FOR AMENDMENT OF PLAINT EXT.P3 TRUE COPY OF WRITTEN STATEMENT DATED 8.11.2004 BY FIRST AND SECOND DEFENDANT/RESPONDENTS HEREIN IN OS 489/2004 EXT.P4 TRUE COPY OF APPLICATION IN IA NO.1300/2011 IN OS 489/2004 FILED BY PETITIONER DATED 26.2.2011 BEFORE I ADDL. SUB COURT, THIRUVANANTHAPURAM EXT.P5 TRUE COPY OF ORDER IN IA NO.1300/2011 IN OA 489/2004 OF I ADDL. SUB COURT, THIRUVANANTHAPURAM DATED 16.3.2011. //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.2579 of 2011 -------------------------------------- Dated this the 5th day of August, 2011. JUDGMENT Petitioners sought impleadment of additional defendants in O.S. No.489 of 2004 of the court of learned Additional Sub Judge-I, Thiruvananthapuram. According to the petitioners the additional defendants sought to be impleaded are purchasers pendente lite of portions of the suit property from defendants 1 and 2. Learned Sub Judge has declined to allow impleadment as per Ext.P5, oder dated March 16, 2011. In this petition filed on 05.08.2011 it is contended that the additional defendants sought to be impleaded are either necessary or proper parties to the litigation. 2. As I understand from the submission of learned counsel, petitioners sued respondents 1 to 5 for a declaration that the two sale deeds relied on by them to claim title over the suit property are null and void. It is contended that respondents 6 to 8 are purchasers of different portions of the said properties from respondents 1 and 2/defendants 1 and 2. Now it is alleged that there is a further assignment by respondents 1 and 2 during pendency of the suit to other persons (11 in number as the learned counsel submits) tracing title to documents which are impugned as null and void. OP(C) No.2579/2011 2 3. Section 52 of the Transfer of Property Act would take care of petitioners if at all they ultimately succeed in the suit as the additional defendants sought to be impleaded as pendente lite purchasers. Case is posted for trial in the list on 08.08.2011. Suit is of the year 2004. I do not find reason to interfere, 4. Learned counsel submitted that petitioners may be given some time to adduce evidence in the suit since they were under the impression that it may take time to get this Original Petition disposed of. In O.P.(C) No.2539 of 2011 of this Court I have already issued certain directions. If the case is to be taken for trial on 08.08.2011, petitioners may request learned Sub Judge to grant a week's time to get ready to give evidence and any such request if made shall be considered by the learned Sub Judge having regard to the difficulty stated by petitioners. Original Petition is disposed of as above. THOMAS P.JOSEPH, Judge. vsv