HARIDASAN Vs. K R ABILASH

JUDGEMENT

(1.) PETITIONERS and respondent No.3 are plaintiffs in O.S.No.124 of 2010 of the court of learned Sub Judge, Ernakulam. That is a suit for declaration that sale deed No.4724 of 1981 in favour of respondent and defendant No.1 is null and void and for other reliefs. During the pendancy of the suit, defendant No.1 died and his son, defendant No.2 was already on record. PETITIONERS and respondent No.3 filed I.A.No.9983 of 2005 to implead the son (defendant No.2) and daughter of deceased defendant No.1 as parties. That application was allowed and they were impleaded as additional defendant Nos.3 and 4. Realising that defendant No.2 is already on record (as against his impleadment as defendant No.3) petitioners and respondent No.3 filed I.A.No.7184 of 2010 to substitute the name of defendant No.3 with the wife of deceased defendant No.1 and I.A.No.7167 of 2010 to advance hearing of I.A.No.7184 of 2010. The application to advance hearing was dismissed on 23-11-2010. I.A.No.7184 of 2010 has not so far been disposed of and in the meantime the case is coming up for trial in the list on 06-11-2010. Learned counsel contends that without disposing of I.A.No.7184 of 2010 if the case is included for trial in the list petitioners will be put to irreparable loss and injury.

(2.) SINCE I.A.No.7184 of 2010 is coming up for hearing on 06-11-2010, it is not necessary to interfere with the dismissal of I.A.No.7167 of 2010. However I direct the learned Sub Judge to dispose of I.A.No.7184 of 2010 before 06-11-2010. This petition is disposed of as above.