Chothi vs M.S. Madhavan on 29 May, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 9245 of 2008(A)


1. CHOTHI,S/O. KUMARAN,AGED 66 YEARS,
                      ...  Petitioner

                        Vs



1. M.S. MADHAVAN, AGED 54 YEARS
                       ...       Respondent

2. DAMODARAN NAMBOOTHIRI, AGED 43 YEARS

3. AVIRACHAN,S/O. PATHROSE, VAZHAKKALYIL

4. AVIRACHAN,S/O. PATHROSE,

5. VIJI, S/O. THEVAN, AGED ABOUT 40 YEARS

                For Petitioner  :SRI.BIJU ABRAHAM

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :29/05/2008

 O R D E R
              M.SASIDHARAN NAMBIAR,J.
            ===========================
            W.P.(C) NO. 9245    OF 2008
            ===========================

       Dated this the 29th day of May, 2008

                     JUDGMENT

This petition is filed to quash Ext.P9 order

passed by Munsiff, Muvattupuzha whereunder

additional defendants were impleaded at their

instance. The suit is one for injunction. The

petition for impleading was opposed by the

plaintiff. Learned Munsiff allowed the application

ignoring the fact that suit is one for injunction

and plaintiff does not seek a decree as against the

persons sought to be impleaded. Eventhough notice

was served on respondents, they did not appear

after receipt of the notice. As in a suit for

injunction petitioners in I.A.866/08 are not

necessary as against the wishes of the plaintiff.

Ext.P9 order is quashed.

Writ Petition is disposed of as above.

                               M.SASIDHARAN NAMBIAR
                                        JUDGE

CRRP     2

tpl/-

M.SASIDHARAN NAMBIAR, J.




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    W.P.(C).NO. /06
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       JUDGMENT




    SEPTEMBER,2006