PADMINI AMMA.K Vs. VALSALA K. K.

JUDGEMENT

(1.) This Original Petition has been filed under Article 227 of the Constitution of India challenging Exts.P9 and P12 orders passed by the execution court (Sub Judge, Kasaragod). The petitioner herein is the mother of 1st and 2nd respondents, who are the plaintiff and defendant respectively in O.S.326/2010. The plaintiff in the above Suit claimed right over the plaint schedule property originally belonged to her grandmother Madhavi Amma on the strength of a Will executed by Madhavi Amma in favour of plaintiff in respect of plaint A schedule item. Plaint B schedule item, as per the said Will, was allotted to the share of the defendant. Based on the Will, the plaintiff sought the relief of fixation of boundary of A and B schedule property.

(2.) The Suit was proceeded and evidence also completed. At this juncture, the petitioner herein, who is the mother of the plaintiff and the defendant, filed I.A. No. 4 of 2021 and sought for impleadment in the above Suit as 2nd defendant as provided under Order 1 Rule 10(2) of C.P.C. According to the petitioner, Madhavi Amma availed loan from a Co-operative Bank and the liability was discharged by the petitioner. Thereafter, as part of family settlement she had assigned the plaint schedule properties to the defendant in the Suit as per assignment deed No. 1419/2009. Therefore, she has the right to challenge the Will and accordingly she is a necessary party to the Suit.

(3.) The plaintiff filed counter resisting the contention and stating that, at present the petitioner herein had no manner of right over the plaint schedule property.