IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 1ST FEBRUARY 2010 / 12TH MAGHA 1931 WP(C).No. 3245 of 2010(O) ------------------------- OS.201/2006 of SUB COURT,NEYYATTINKARA .................... PETITIONER: ------------- FLOATELS INDIA PVT LTD., COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 AND HAVING ITS OFFICE AT B-3, SANGEETHA APARTMENTS, THYCAUD, THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGING DIRECTOR MR. NARAYANAN, SON OF M.N. RAMAKRISHNAN, B-3, SANGEETHA APARTMENTS, THYCAUD, THIRUVANANTHAPURAM. BY ADV. MR. V.SURESH MR. G.SUDHEER RESPONDENTS: ------------------ 1. RADISON ISLAND AYURVEDIC RESORTS PVT LTD, A COMPANY REGISTERED UNDER THE COMPAIES ACT 1956 AND HAVIG ITS OFFICE AT PARUTHIYOOR, POZHIYOOR DESOM, POZHIYOOR P.O., NEYYATTINKARA REPRESENTED BY ITS MANAGING DIRECTOR A SAMBASIVAN, SON OF ARAVINDAKSHA PANICKER, SARASREE, UHAKKADA P.O. KULATHUR VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. 2. A. SAMBASIVAN, SON OF ARAVINDAKSHA PAICKER, SARASREE, UCHAKKADA P.O. KULATHUR VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. 3. MS. REMAKUMARI, W/O. SAMBASIVAN, SARASREE, UCHAKKADA P.O. KULATHUR VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. 4. SMILE DIRECT RESORTS PVT LTD., HAVING ITS REGISTERED OFFICE AT PARUTHIYOOR, POZHIYOOR P.O., KULATHUR VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT REPRESENTED BY ITS DIRECTOR DEAN THOMAS STEPNEY, SON OF THOMAS STEPNEY, 101, MILTON ROAD, CAMBRIDGE, UNITED KINGDOM. W.P.(C) No. 3245/2010 : 2 : 5. DEAN THOMAS STEPNEY, S/O.THOMAS STEPNEY, 101, MILTON ROAD, CAMBRIDGE, UNITED KINGTOM REPRESENTED BY HIS POWER-OF- ATTORNEY HOLDER, R.G. GIRIPRASAD, SON OF RAGHAVAN, PARVATHI NIVAS, PLAVUNINNA VILA, POOVAR P.O., THIRUPURAM VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. 6. R.G. GIRIPRASAD, S/O. RAGHAVN, PARVATHI NIVAS, PLAVUNINNA VILA, POOVAR P.O., THIRUPURAM VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. -------------------------------------------------- W.P.(C). No. 3245 of 2010 ---------------------------------------------------- Dated this the 1st day of February, 2010. JUDGMENT The writ petitioner is the plaintiff in O.S No. 201 of 2006 on the file of the Sub Court, Neyyattinkara. The said suit is for specific performance of Ext.P4 agreement for sale dated 14.02.2006 in respect of 3.32 ½ acres of land as against a company arrayed as the 1st defendant and two of its Directors arrayed as defendants 2 and 3. 2. According to the petitioner, in purported execution of a collusive suit filed as O.S. No. 200 of 2006 by a stranger by name Rajesh, Ext.P9 sale deed dated 19.08.2009 is alleged to have been executed by defendants 2 and 3 in favour of the said Rajesh with regard to a portion of the present plaint schedule property pursuant to an agreement for sale said to have been executed on 12.10.2006. The 1st defendant company is not a party to the said suit, O.S. No. 200 of 2006. Thereupon, the petitioner W.P.(C) No. 3245/2010 : 2 : filed Ext.P12 application (I.A. No. 75 of 2010) before the court below to implead Rajesh, the transferee under Ext.P9, Ext.P13 application (I.A. No. 77 of 2010) to amend the plaint so as to incorporate a plea of fraud and collusion behind O.S. No. 200 of 2006 and to incorporate additional reliefs and Ext.P14 application (I.A. No. 74 of 2010) seeking a temporary injunction against Rajesh, the transferee from further alienating the property. The grievance of the petitioner is that the court below is not taking up Exts.P12 to P14 applications and passing any orders thereon but instead, the trial of the suit (O.S. No. 201 of 2006) is being proceeded with without passing any orders on Exts.P12 to P14 applications. 3. Having regard to the allegations made by the petitioner, it is only fair and proper that the court below passes orders on Exts.P12 to P14 applications. When as per the averments in I.A No. 77 of 2010, the plaintiff has also sought for incorporation of additional reliefs in the suit, W.P.(C) No. 3245/2010 : 3 : interests of justice warrant a disposal of those applications instead of driving the petitioner to a separate round of litigation. Under these circumstances, without expressing any opinion on the merits, this writ petition is disposed of directing the Sub Court, Neyyattinkara to pass final orders on Exts.P12 to P14 after giving both sides an opportunity of being heard and to list the suit for trial thereafter. It goes without saying that for a disposal of Exts.P12 to P14, the proposed additional defendant Rajesh also may have to be impleaded and heard. Dated this the 1st day of February, 2010. V. RAMKUMAR, JUDGE. rv W.P.(C) No. 3245/2010 : 4 :