LUKA Vs. THANKACHAN

JUDGEMENT

(1.) The challenge in this Civil Revision Petition filed under Sec. 115 of the Code of Civil Procedure is to the common order dtd. 5/1/2012 passed by the Munisff's Court, Thodupuzha in four interlocutory applications (I.As.) in O.S.No.118 of 2017.

(2.) The revision petitioner is the plaintiff in the suit. Respondent Nos. 1 and 2, who are strangers to the suit, filed the interlocutory applications in the trial Court. Respondent Nos. 3 and 4 are defendant Nos. 1 and 2 in the suit.

(3.) The plaintiff filed the Original Suit for a decree declaring his title over the plaint property and also for a permanent prohibitory injunction against defendant Nos.1 and 2. The suit was decreed in favour of the plaintiff. After passing the decree, the defendants alienated the plaint schedule property to respondent Nos. 1 and 2. The plaintiff filed execution petition inter alia seeking delivery of a portion of the plaint schedule property. Respondent Nos. 1 and 2 (the petitioners in the IAs) filed I.A.No. 798/2011, a petition under Order IX Rule 13 CPC seeking to set aside the ex parte decree, I.A.No.805/2011, a petition under Sec. 5 of the Limitation Act, I.A.No.806/2011, a petition seeking to implead them as additional defendant Nos. 3 and 4 in the suit and IA No.1058/2011 seeking stay of all further proceedings in E.P.No.8/2010, the execution petition filed by the plaintiff to execute the ex parte decree in O.S.No.118 of 2007.