IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 WP(C).No. 2585 of 2009(G) ------------------------------------------- OS.161/2004 of I ADDL.SUB COURT,TRIVANDRUM .................... PETITIONERS: 1. M.R.JAYASREE, C/O.M.N.RAJAN RESIDING IN ASWATHY, M.S.P.NAGAR, THIRUMALA, THIRUVANANTHAPURAM, REP. BY HER POWER OF ATTORNEY HOLDER, THE 2ND PETITIONER HEREIN. 2. M.N.RAJAN, RESIDING IN ASWATHY, M.S.P. NAGAR, THIRUMALA, THIRUVANANTHAPURAM. BY ADV. SRI.K.B.PRADEEP RESPONDENTS: 1. KRISHNAMMA, D/O.KUNJULEKSHMY AMMA, SRE SIVAKRISHNA VILASOM, P.R.A. 124, POOJAPPURA, SASTHAMANGALAM VILLAGE, THIRUVANANTHAPURAM. 2. S.SATHEESH KUMAR, S/O.KRISHNAMMA, DO.DO. 3. K.SINDHUKUMARI, D/O.KRISHNAMMA, DO.DO. 4. K.SAJEESH KUMAR, S/O.KRISHNAMMA, DO.DO. 5. SAROJAM, W/O.C.RAJAN, SAROJA BHAVAN, POTTA, VILAVOORKKAL VILLAGE, MALAYINKIL PO., NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. 6. S.KRISHNA PANICKER, S/O.SANKARA PANICKER, SANKARA VILASAM, KAITHAKUZHY, VILAPPIL, THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.2585 of 2009 G -------------------------- JUDGMENT Heard counsel for the petitioners. 2. Petitioners are the plaintiffs in O.S.No. 161/04 on the file of the Sub Court, Thiruvananthapuram. The suit is one for specific performance of a contract for sale of the scheduled property. It is submitted by counsel for the petitioners that the agreement, which is sought to be specifically performed, is an agreement executed in favour of the petitioners by defendants 1 and 2, who are mother and son and that defendants 3 and 4 in the suit are a daughter and another son of the first defendant. He further submits that the fifth defendant Sarojam is one to whom the first defendant executed a sale deed in relation to a portion of the scheduled property and the sixth defendant Krishna Panicker is the person with whom the first defendant has entered into an agreement for sale of the balance portion of the scheduled WPC 2585/09 2 property and that both, the sale deed and the agreement for sale respectively in favour of the fifth and sixth defendants, are all subsequent to the agreement executed in favour of the petitioners/plaintiffs. 3. The present grievance of the petitioners/ plaintiffs is that Exhibit P1 application (I.A.No. 3374/08) moved by them for impleading the transferee from the fifth defendant of her rights obtained under the sale deed from the first defendant as additional seventh defendant was disallowed by the court below vide common order on I.A.Nos.5016/07, 3374/08 and 821/08 for the reason that the transferees pendente lite are bound by the decree and that the plaintiffs in the suit need not continue to implead the subsequent transferees one by one while the suit is pending. According to the counsel for the petitioners, sale in favour of the fifth defendant by the first defendant was subsequent to the agreement for sale executed in favour of the petitioners by defendants 1 and 2, WPC 2585/09 3 but that, the transfer was prior to the institution of the suit. Even in that event, inasmuch as the additional fifth defendant, the transferee of the property agreed to be sold, has been impleaded, the petitioners/plaintiffs will be entitled to a decree for specific performance, if they are able to establish on evidence that sale in favour of the fifth defendant was subsequent to the agreement executed in their favour and that she was a transferee with notice of the suit agreement and not a bona fide transferee. In that event, the fifth defendant as also the transferee under her will be bound by the decree, as assignment by the fifth defendant are submitted to be after the institution of the suit. The order of the court below disallowing impleadment,in the circumstances, cannot be faulted. This writ petition is devoid of any merit and is, hence, dismissed. 28th January, 2009 (K.P.Balachandran, Judge) tkv