NESAN NADAR Vs. FR. VINCENT SAMUEL

JUDGEMENT

(1.) This original petition is filed by the petitioners under Article 227 of the Constitution of India, seeking to set aside Exts. P12 and P14 orders passed by the Principal Munsiff's Court, Nedumangad in I.A. Nos. 929/2016 and 2066/2018 in O.S. No. 1065 of 2015, declining to implead respondents 3 and 4 as additional 3rd and 4th defendants, holding that the said persons are no way connected with the disputes by and between the parties in the suit. Brief material facts for the disposal of the original petition are as follows:

(2.) Petitioners are the plaintiffs and the respondents 1 and 2 are the defendants in the suit O.S. No. 1065 of 2015 on the files of the Munsiff's Court, Nedumangad, which is filed seeking a permanent prohibitory injunction restraining the defendants and their men from trespassing into the plaint schedule property or destroy the boundaries or obstruct the passage of the plaintiffs to the plaint schedule property or obstruct the possession and enjoyment of the plaintiffs in the plaint schedule property.

(3.) The dispute arose in the matter of a pathway leading to the plaint schedule property. Petitioners sold 14 cents of land to the 4th respondent excluding the property in which a tomb is situated and the pathway leading to the tomb vide Ext. P2 sale deed, and she in turn transferred the property to the church represented by the 3rd respondent as per Ext. P3 sale deed. Petitioners 1 and 2 are the present trustees of the church. According to the petitioners, for a just disposal of the suit, respondents 3 and 4 who are parties to Ext. P3 sale deed are required to be impleaded as additional defendants 3 and 4 in the suit and by impleading them, no manner of prejudice is caused to defendants 1 and 2.