IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 CRP.No.806 of 2008 (C) ---------------------------- AGAINST THE ORDER DATED 05/09/08 IN I.A.3775/2008 IN OS.458/2005 of ADDL.MUNSIFF COURT, KOLLAM .................... REVN. PETITIONER(S): PETITIONERS/PETITIONERS/ DEFENDANTS 5 & 7 ------------------------------------------------------------- 1. A.MADHAVAN PILLAI, S/O.AYYAPPAN PILLAI, KALYANIYIL HOUSE, NEDUVILAKKARA CHERRY, UMAYANALLOOR, MAYYANADU VILLAGE, KOLLAM DISTRICT. 2. S.GOPAKUMAR, S/O.SANKARAN NAIR, KUTHUZHIYIL VEEDU, NEDUVILAKKARA CHERY, UMAYANELLOOR, MAYYANADU VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.C.K.PRASAD SRI.ABHILASH S.FRANCIS RESPONDENT(S): COUNTER PETITIONERS/PLAINTIFFS 1 & 2 ADDL. 3RD PLAINTIFF AND DEFENDANTS 1 TO 4 & 8 TO 15 ------------------------------------------------------------------------ 1. SREE SHANMUKHA VILASOM LIBRARY, NO.541, NADUVILAKKARA CHERY, UMAYANALLOOR, MAYYANAD VILLAGE, KOLLAM, ITS PRESIDENT, SANTHOSH KUMAR. 2. SUNIL KUMAR, SECRETARY, SREE SHANMUKHA VILASOM LIBRARY, NO.541, NADUVILAKKARA CHERY, UMAYANALLOOR, MAYYANAD VILLAGE, KOLLAM. 3. N.RAJENDRAN PILLAI, S/O.GANGADHARAN PILLAI, MANGALAHIKATHU VEEDU, NADUVELIKKARA CHERY, PRESIDENT FOR THIRUVITHAMCORE. 4. PRESIDENT FOR THE THIRUVITHAMCORE DEVASWOM BOARD, DEVASWOM BUILDING, NANTHANCODE, THIRUVANANTHAPURAM. CRP.No.806 of 2008 (C) -2- 5. SECRETARY, THIRUVITHAMKOOR DEVASWOM BOARD, DEVASWOM BUILDING, NANTHANCODE, THIRUVANANTHAPURAM. 6. ASSISTANT COMMISSIONER, THIRUVITHAMKOOR DEVASWOM BOARD, DEVASWOM BOARD OFFICE, ANANDAVALLEESWARAM, KOLLAM. 7. G.MOHANAN PILLAI, PADMAVILASOM VEEDU, EDAVATTOM CHERY, VELLIMON, KOLLAM. 8. MANILAL, BENGLOVILVEEDU, EDAVATTOM CHERY KOLLAM. 9. MANILAL @ MANIYAN PILLAI, MAHESH BHAVAN, THUNDIL VEEDU, EDAVATTOM CHERY, KOLLAM. 10. RAJU, DHANYAYIL VEEDU, EDAVATTOM CHERY, KOLLAM. 11. BHASKARAN PILLAI, KANNANKARA VEEDU, EDAVATTOM CHERY, KOLLAM. 12. SURAJ, S/O.GOPALAKRISHNAN POTTY, PADINJATTE MADATHIL VEEDU, EDAVATTOM CHERY, KOLLAM. 13. SUBRAHMANIAN POTTY, S/O.SREENIVASAN POTTY, EDAVATTOM CHERY, KOLLAM. 14. CHANDRABABU, S/O.KUNJU PILLAI, PUNGAZHIKATHU VEEDU, UMAYANALLOOR, PRESIDENT, UMAYANALLOOR SREE SUBRAHMANIYA SWAMY TEMPLE ADVISORY COMMITTEE 15. V.J.BINU, V.J.BHAVAN, PULLICHIRA, THEKKUMKARA, UMAYANALLOOR, SECRETARY, UMAYANALLOOR SREE SUBRAHMANIYA SWAMY TEMPLE, ADVISORY COMMITTEE. GOVT. PLEADER SMT. R.BINDU THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 10/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ C. R. P. No.806 of 2008 ------------------------------------------------ Dated this the 10th day of November, 2008 ORDER Heard the counsel for the petitioners. 2. Petitioners are defendants 5 and 7 in O.S.458/05 on the file of the Additional Munsiff's Court, Kollam instituted by the plaintiffs in a representative capacity under Order I Rule 8 C.P.C on behalf of Shanmukha Vilasom Library. The case of the petitioners is that the plaintiffs after complying with all legal formalities and impleadment of additional defendants 5 to 15 filed I.A. seeking sanction for withdrawing the suit unconditionally stating that the issue involved in the case has been settled between them and defendants 4 to 15 when in fact there was no such settlement. According to the petitioners, the plaintiffs have been won over by certain defendants in the suit and that the C. R. P. No.806 of 2008 -2- petitioners who are defendants 5 and 7 and the sixth defendant are very much concerned about the issue involved in the case and are having community of interest in the subject matter of the suit with that of the original plaintiffs; that the sixth defendant has been transposed as the additional third plaintiff vide I.A.3426/08, but that the petition filed by them as I.A.3775/08 for transposing them as additional plaintiffs 4 and 5 was dismissed by the impugned order. The sixth defendant who is having community of interest with the petitioners in the subject matter of the suit has already been transposed as additional third plaintiff and he is prosecuting the case. In the circumstances, it is not necessary to transpose the petitioners/ defendants 5 and 7 as additional plaintiffs as is rightly observed by the court below in the impugned order. There is, therefore, no merit C. R. P. No.806 of 2008 -3- in this C.R.P and this C.R.P is dismissed in limine. K.P.BALACHANDRAN, JUDGE kns/-