LILLY DSOUZA Vs. JUMAM DMELLO

JUDGEMENT

(1.) Petitioners are before this Court challenging the order dated 21-11-2015 passed on I.A.No.8 in O.S.No.145/2010 on the file of the Principal Civil Judge and JMFC, Karkala.

(2.) The 3rd respondent herein filed O.S.No.145/2010 against respondents No.2 and 3 herein for declaration that sale deed dated 18-05-2006 is not valid and binding on the plaintiff and for mandatory injunction directing the Sub- Registrar, Karkala noting the same and also for a mandatory injunction directing the second defendant to remove the structure, building and shed from the plaint 'A' schedule property.

(3.) The petitioners herein filed I.A.No.8 in O.S.No.145/2010 seeking permission to come on record as plaintiffs 2 to 6 on the ground that the land in Sy.No.12/2P8 to an extent of 0.52 cents has been allotted to their share by order dated 17-12-2014 in Final Decree Proceedings No.21/2010. It is further stated in the affidavit that on 01-08-2015, the applicants/petitioners came to know that the suit O.S.No.145/2010 is pending in respect of the immovable property bearing Sy.No.12/2P8 to an extent of 0.48 cents of Karkala Kasaba Village and the first defendant had executed sale deed dated 18-05-2006 in favour of the second defendant in respect of the said land. It is further stated in the affidavit that they have right and interest in the said property as the suit schedule land has been allotted to their shares in the Final Decree Proceedings. To avoid multiplicity of suits and to arrive at a just decision in the suit, they prayed to come on record as plaintiffs No.2 to 6.