IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 WP(C).No. 12318 of 2008(N) -------------------------- OS.88/1985 of ADDL.SUB COURT, PALAKKAD .................... PETITIONER: ------------ P.V.GANGADHARAN, S/O P.N.VELAYUDHAN, MUTHALAMKODE KALAM, PERUVAMBA AMSOM, PALAKKAD TALUK. BY ADV. SRI.K.PRAVEEN KUMAR SRI.CIBI THOMAS RESPONDENTS: ------------- 1. MARY(DIED) 2. JOHN BOSCO, S/O THOMAS WILSON, VADAKARAPATHY, CHITTUR TALUK, PALAKKAD. 3. MARSHAL, S/O. DO. RESIDING -DO- 4. PHILIP, S/O. DO. RESIDING -DO- 5. SEBASTIAN, S/O THOMAYAR, KOOLAMOOTHAN VEEDU, VATTAPPARA, WALAYAR DAM P.O., PALAKKAD TALUK. 6. ALPHONSE, S/O THOMAYAR, RESIDING -DO- 7. MARIA THRESSA, D/O. DO. RESIDING -DO- 8. VICTORIA, D/O. DO. RESIDING -DO- 9. DHANISILVAN, S/O. DO. RESIDING -DO- 10. MUTHUSWAMY, S/O. DO.RESIDING -DO- 11. GNANPRAKASAN, S/O MUTHUSWAMY, KAKKAYAM VEEDU, CHANDRAPURAM, WALAYAR DAM P.O., PALAKKAD TALUK. 12. KRISHNAN, S/O ARU, MELEPPURA, KONGANPARA, KOZHIPARA P.O., PUDUSSERY VILLAGE, PALAKKAD. 13. SANTHI, D/O LATE GURUSWAMY, RESIDING -DO- 14. INDIRA MERCY, D/O LATE GURUSWAMY, RESIDING -DO- 15. AMAL MARTOM, S/O LATE GURUSWAMY, RESIDING -DO- 16. VIKKI VIMAL, S/O LATE GURUSWAMY, RESIDING -DO- 17. MICKAEL, SILVASTHRI HOUSE, NEELIPARAM, KOZHIPPARA P.O., CHITTUR TALUK, PALAKKAD. 18. M.SELVARAJ, S/O LATE AMRITHA MARY, RESIDING -DO- 19. M.LOORD MARY, D/OAMRITHA MARY, KAKKAYAR HOUSE, NEELIPAR, KOZHIPPARA P.O., CHITTIRU TALUK, PALAKKAD. 20. M.VINCENT, S/O LATE AMRITHA MARY, SILVASTHRI HOUSE, NEELIPARA KOZHIPPARA P.O., CHITTUR, PALAKKAD. 21. MICHAEL, RESIDING -DO- 22. M.SELVARAJ, S/O. DO RESIDING -DO- 23. M.LOORD MARY, D/O. DO. RESIDING AT KAKKAYAR HOUSE, NEELIPPORA, KOZHIPPARA P.O., CHITTUR, PALAKKAD. 24. M.VINCENT, S/O DO. RESIDING -DO- 25. M.KUZHANTHAY THARASSU, DO. 26. M.BENJAMIN, S/O DO. RESIDING DO. 27. M.KUZHANTHAY RAJ, S/O. DO. RESIDING -DO- 28. M.JOHN PUSHPAM, S/O DO. RESIDING -DO- 29. M.SILVESTER CHARLES, S/O DO. RESIDING -DO- 30. M.VERGEENIYA PAKIA JYOTHY, D/O DO. RESIDING DO. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 12318 OF 2008 --------------------- Dated this the 10th day of April, 2008 JUDGMENT This writ petition is preferred against the order of the Addl. Subordinate Judge, Palakkad, in IA Nos. 1062 & 1063 of 2008 in OS 88/85 whereby the court below had dismissed the applications for impleadment and amendment. The matter relates to a partition among the Vaniya Christian Community of Chittur Taluk. This court on remand found that they are governed by the Makkathayam law and directed the court to dispose of the matter. 2. Petitioner contends that he had purchased portions of the property by virtue of an agreement for sale in the year 1995. Out of the four suits filed for specific performance two of them have ended in decree. But, in none of the cases, documents are executed in their favour and that as on today they did not get title over the property. Secondly, all these transfers are effected during the pendency of the partition suit and the court below has opined that the principles of lis pendens may also apply. So as on today there are no documents to prove their title. WPC NO 12318/08 2 3. In such circumstances, I decline to interfere with the decision of the court below. When they get a document executed by the court in the decree for specific performance, they can move an application for impleadment and the court can consider their impleadment bearing in mind the legal principles and can dispose of the matter after hearing both sides The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps WPC NO 12318/08 3 WPC NO 12318/08 4