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2018 Supreme(Ker) 592

ASHOK MENON
Punnakkal Suresh – Appellant
Versus
Saraswathi D/O Karappayi, Kadavanadu Amsom, Desom, Ponnani Taluk, Malappuram District-679 586 – Respondent


Advocates Appeared:
For the Petitioner: Sri. P.U. Shailajan Smt. D.N. Nishani Sri. M. Suresh Kumar
For the Respondent: Sri. Y. Jafar Khan Sri. Santheep Ankarath

JUDGMENT :

ASHOK MENON, J.

1. The petitioner is the plaintiff in O.S. No. 59/2012 on the files of the Munsiff-Magistrate Court, Ponnani, while the respondent herein is the 3rd defendant in that suit. The suit is one for partition. Some of the defendants raised a plea of non-joinder and wanted certain additional defendants to be impleaded. They have also raised a counter claim for addition of a property, which was not included in the plaint schedule, but were partible among the plaintiff and the defendants, as also among the parties sought to be impleaded. I.A. No. 1510/2015 was filed by the respondent herein for impleadment. The I.A. was dismissed by the trial Court at the first instance. That order was challenged before this Court in O.P.(C) No.2499/2015 and vide Ext.P6 judgment the defendants were directed to file an application for framing additional issue regarding non-joinder, and the trial Court was directed to dispose of the I.A. afresh. In accordance with Ext.P6, the contesting defendants filed I.A.No.87/2016 at Ext.P7 raising an issue regarding the non-joinder of parties and vide Ext.P8 the application for joinder of parties was allowed. It is that order of the learned Munsi























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