## **THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR.JUSTICE VIJU ABRAHAM**
**WEDNESDAY, THE 24[TH] DAY OF JULY 2024 / 2ND SRAVANA, 1946**
## **OP(C) NO. 2477 OF 2023**
**AGAINST THE ORDER/JUDGMENT DATED 07.08.2023 IN OS NO.44 OF 2018 OF MUNSIFF MAGISTRATE COURT, DEVIKULAM PETITIONER:**
**CHINNAMURUGAN AGED 47 YEARS**
**S/O. KAMASHI, KAVITHA BHAVAN, PARATHODU KARA, PARATHODU VILLAGE, UDUMBANCHOLA TALUK, IDUKKI., PIN - 685604**
**BY ADVS. SABU GEORGE P.B.KRISHNAN P.B.SUBRAMANYAN MANU VYASAN PETER**
## **RESPONDENTS:**
- **1 GURUSWAMI AGED 56 YEARS**
**S/O. LATE. PATTAN, RENUKA BHAVAN, SANTHARUVI KARA, CHATHURANGAPPARA VILLAGE. UDUMBANCHOLA TALUK, IDUKKI., PIN - 685554**
**2 JAYACHANDRAN AGED 35 YEARS S/O. GURUSWAMI, RENUKA BHAVAN, SANTHARUVI KARA, CHATHURANGAPPARA VILLAGE. UDUMBANCHOLA TALUK, IDUKKI, PIN - 685554**
- **3 GURUVAMMAL AGED 60 YEARS**
**2ND WIFE OF LATE. PATTAN, 111154, MADURAVEERAN STREET, COMBAI KARA, COMBAI VILLAGE, UTHAMAPALAYAM TALUK, THENI DISTRICT, PIN 625 522 NOW RESIDING AT K.P.P. PLANTATIONS, SANTHARUVI KARA, CHATHURANGAPPARA VILLAGE, UDUMBANCHOLA TALUK, IDUKKI, PIN - 685554**
## **4 PARAMESHWARI**
**AGED 58 YEARS**
**3RD WIFE OF LATE. PATTAN, 111154, MADURAVEERAN STREET, COMBAI KARA, COMBAI VILLAGE, UTHAMAPALAYAM TALUK, THENI DISTRICT, PIN 625 522 NOW RESIDING AT K.P.P. PLANTATIONS, SANTHARUVI KARA,**
## **O.P.(C).No.2477 of 2023 2**
**CHATHURANGAPPARA VILLAGE, UDUMBANCHOLA TALUK, IDUKKI, PIN - 685554**
**5 KARUPPAIAH AGED 37 YEARS S/O. LATE. PATTAN, 111154, MADURAVEERAN STREET, COMBAI KARA, COMBAI VILLAGE, UTHAMAPALAYAM TALUK, THENI DISTRICT, PIN 625522 NOW RESIDING AT K.P.P. PLANTATIONS, SANTHARUVI KARA, CHATHURANGAPPARA VILLAGE, UDUMBANCHOLA TALUK, IDUKKI, PIN - 685554**
**6 P.CHINNAGURUSWAMY @ P. GURUSWAMY AGED 49 YEARS S/O LATE PATTAN, DOOR NO.15-1-3, MADHURAVEERAN STREET, KOMBAI, UTHAMAPALAYAM TALUK, THENI, THAMILNADU, PIN - 625522**
**BY ADVS. Latheesh Sebastian RAAJESH S.SUBRAHMANIAN V.R.RAJESH(K/257/2008)**
**THIS OP (CIVIL) HAVING BEEN FINALLY HERD ON 24.07.2024,**
**THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**O.P.(C).No.2477 of 2023 3**
## **VIJU ABRAHAM,J**
**--------------------**
**O.P.(C).No.2477 of 2023 ---------------------------Dated this the 24[th] day of July, 2024**
## **JUDGMENT**
The above original petition is filed seeking to set aside Ext.P7 order dated 7.8.2023 in I.A.No.3 of 2023 in OS No.44 of 2018 on the file of the Munsiff Court, Devikulam.
2. As per the averments in the original petition, the petitioner is the plaintiff in O.S.No.44 of 2018 on the file of the Munsiff Court, Devikulam and the respondents are the defendants in the suit filed seeking a decree of permanent prohibitory injunction restraining the respondents from trespassing into the plaint A and B schedule properties, destroying any cultivation, committing waste and disturbing peaceful possession and enjoyment of the properties by the petitioner.
**==> picture [442 x 10] intentionally omitted <==**
**O.P.(C).No.2477 of 2023 4**
application as I.A.No.3 of 2023 in the said suit seeking to implead him as additional defendant No.6
alleging that he is having absolute right in the plaint A schedule property and therefore, he is a necessary party to the suit. The petitioner filed Ext.P6 objection. The case of the petitioner is
that without considering the objection raised by the
petitioner in Ext.P6 in a proper manner, Ext.P5 petition was allowed by the trial court as per
Ext.P7. It is challenging Ext.P7 that the present original petition is filed.
4. It is specifically contended by the petitioner that the plaintiff is a _dominus litus_ and he cannot be compelled to litigate against the third party and that he is the master of the suit and therefore, no cause of action has been pleaded by the petitioner against respondent No.6. It is also contended that their claim for absolute right in the disputed property will not entitle any person get impleaded as defendant in a suit for injunction.
5. The respondents entered appearance through
## **O.P.(C).No.2477 of 2023 5**
counsel and opposed the prayer in this original petition contending that valid reasons have been stated in Ext.P5 petition seeking impleadment and Ext.P7 order is in accordance with law and no interference by this Court is called for. Ext.P5 is the application filed as I.A.No.3 of 2023 seeking impleadment as additional defendants No.6 in the suit wherein it is averred in paragraphs 2 and 3 of Ext.P5 as follows:
“2. I am working as Assistant Professor at Thiruvalluvar Government Arts College, Rasipuram in Namakkal District of Tamilnadu. Due to my professional constraints and inconveniences I was not able to be here in the plaint schedule properties and other properties in Chathurangapara Village for the daily agricultural works in the properties. My mother and brothers were in not good terms with me after the death of my father and threatened me of dire consequences if I am found here in the properties. So I engaged the plaintiff who is the son of my father's brother to look after and manage the plaint schedule properties. The plaintiff was doing the activities in the plaint schedule properties at my instructions. As the matter being so the plaintiff herein demanded me to
## **O.P.(C).No.2477 of 2023 6**
execute sale deeds pertaining to the plaint schedule properties in his favor for the better management of the properties believing him I have executed sale deeds 556/2018, 2306/2019 and 1765/2017 of SRO Udumbanchola in his favor. It was mutually agreed between us that the sale deeds are only nominal one without accepting sale considerations and transferring nominal possession thereof with a condition to reconvey the same in my name as and when I requested. The above nominal sale deeds were executed solely for the better management of the plaint schedule properties. When I requested to reconvey the plaint schedule properties in my favor, the plaintiff executed an agreement on 16.01.2021 agreeing to reconvey the properties covered in sale deeds 556/2018, 2306/2019 and 1765/2017 of SRO Udumbanchola. Thus the plaintiff executed cancellation deeds bearing Nos.1255/2021 and 1256/2021 of SRO Udumbanchola thereby cancelling the sale deeds 556/2018 and 2306/2019. He was reluctant to cancel the sale deed No.1765/2017 of SRO Udumbanchola pertaining to the plaint 'A' schedule property as agreed. The sale deed pertaining to plaint B schedule property is cancelled and reconveyed in my favor.
3. Since the plaintiff did not acted in accordance with the terms agreed mutually I have filed OS No.161/2021 before this Court
## **O.P.(C).No.2477 of 2023 7**
for the cancellation of sale deed No.1765/2017 of SRO Udumbanchola and to declare my title thereof and the same is pending disposal. The possession of the plaint a schedule property, which is covered by above sale deed is with me. I am possessing and enjoying the plaint schedule properties”.
On the basis of the same, it is contended in Ext.P5
that the petitioner is having absolute right and interest of the schedule properties and that he is a necessary party in the suit for the finality of the
litigation so as to enable the court effectively and completely to adjudicate upon and to settle all the questions involved in the suit and to arrive at a fair decision.
6. After hearing learned counsel on both sides and after going through the averments in Ext.P5
petition seeking impleadment, I am of the opinion that the petitioner is necessary party to be impleaded in the said suit.
7. This Court in **Challappan v. Krishnankutty**
**(2001 KHC 730)** has held that it is proper to implead
## **O.P.(C).No.2477 of 2023 8**
a person who has direct interest in property as
additional defendant so as to avoid multiplicity of suits.
8. In view of the above facts and circumstances
of the case, I find no reason to interfere with
Ext.P7 order in I.A.No.3 of 2023 in OS No.44 of 2018
on the file of the Munsiff Court, Devikulam and accordingly, dismiss the original petition.
sd/-
## **VIJU ABRAHAM,JUDGE**
pm
**O.P.(C).No.2477 of 2023 9**
## **APPENDIX OF OP(C) 2477/2023**
**PETITIONER'S EXHIBITS**
- **Exhibit-P1**
**A TRUE COPY OF THE PLAINT DATED 28-022018 IN O.S NO.44 OF 2018 ON THE FILE OF THE MUNSIFF'S COURT, DEVIKULAM**
**Exhibit-P2**
**A TRUE COPY OF THE REPORT DATED 27-032018 FILED BY THE ADVOCATE COMMISSIONER IN O.S NO.44 OF 2018 ON THE FILE OF THE MUNSIFF'S COURT, DEVIKULAM**
- **Exhibit-P3 A TRUE COPY OF THE JUDGMENT DATED 29-012021 IN O.S NO.44 OF 2018 ON THE FILE OF THE MUNSIFF'S COURT, DEVIKULAM**
**Exhibit-P4**
- **A TRUE COPY OF THE WRITTEN STATEMENT DATED 16-08-2022 IN O.S NO.44 OF 2018 ON THE FILE OF THE MUNSIFF'S COURT, DEVIKULAM**
- **Exhibit-P5 A TRUE COPY OF THE I.A NO.3 OF 2023 IN O.S NO.44 OF 2018 ON THE FILE OF THE MUNSIFF'S COURT, DEVIKULAM, DATED 19-012023**
- **Exhibit-P6 A TRUE COPY OF THE OBJECTION IN I.A NO.3 OF 2023 IN O.S NO.44 OF 2018 ON THE FILE OF THE MUNSIFF'S COURT, DEVIKULAM, DATED 29-03-2023**
**Exhibit-P7**
**A TRUE COPY OF THE ORDER DATED 07-08-2023 IN I.A NO.3 OF 2023 IN O.S NO.44 OF 2018 ON THE FILE OF THE MUNSIFF'S COURT, DEVIKULAM**
