MANOJ Vs. DEPUTY TAHSILDAR

JUDGEMENT

(1.) THIS appeal is against the order dated 15-11-2006 in I.A.No.1574/2006 in O.S.No.218/2006 on the file of the Principal Subordinate Judge's Court, North Paravur. Appellants are the petitioners/plaintiffs. They filed the interlocutory application restraining the respondents from initiating revenue recovery proceedings based on the demand notice dated 10-4-2006. Admittedly amounts are due to the Kerala Khadi and Village Industries Board, Trivandrum and at their instance only steps were taken for revenue recovery. They are not parties in the interlocutory application. Without hearing them no effective order could have been passed. Therefore, we dismiss I.A.No.1574/2006 in O.S.No.218/2006 on the file of the Principal Subordinate Judge's Court, North Paravur on the only ground of non- impleadment of the affected party. It is made clear that this judgment shall not stand in the way of the appellants moving a fresh petition before the court below after impleading the affected party on the party array in the interlocutory application.