JAYAKUMAR Vs. VILASINI

JUDGEMENT

(1.) This Original Petition is filed under Article 227 of the Constitution of India challenging an order passed by Principal Munsiff Court, Neyyattinkara (for short 'court below') on 9/6/2022 in I.A. No.1 of 2021 in O.S. No.98/2021. True copy of the order under challenge is produced alongwith the Original Petition on hand as Ext.P5.

(2.) The order assailed was passed by the court below in I.A. No.1 of 2021, which is an application filed by some strangers, to implead them in the array of defendants in the Original Suit. The application was allowed by the court below permitting the proposed defendants/petitioners to be impleaded in the Suit as defendants 6 to 9.

(3.) The Original Suit was filed by the State Government against defendants 1 to 5 alleging that the 1st defendant as well as the 2nd defendant executed a settlement deed bearing No. 240/09 in favour of the 3rd and 4th defendants, by including the Government property which was scheduled as item No.2 in the deed and 'A1' in the Suit. It was further alleged that the 5th defendant had also executed a sale deed bearing No.241/09 in favour of the 3rd and 4th defendants wherein also some portion of the Government property was included. The said property is scheduled as item No.2 in the deed and 'B' in the Suit. It is alleged that defendants executed the above deeds incorporating Government land with the illegal intention to misappropriate the same. The Original Suit was filed in the context, seeking for a declaration that the settlement deed No.240/09 and sale deed No.241/09 are void documents.