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2024 Supreme(Ker) 797

VIJU ABRAHAM
Sebastian Varkey, S/o. Late Varkey – Appellant
Versus
P. V. Joseph, S/o. Varkey – Respondent


Advocates Appeared:
For the Petitioner: Varghese C. Kuriakose, Amritha J., Kuruvilla Mathew, Vipin C. Varghese.
For the Respondents: Unnikrishnan V. Alapatt.

JUDGMENT :

Viju Abraham, J.

Above original petition is filed challenging Ext.P6 order passed in I.A. No.7 of 2023 in O.S. No.336 of 2021 on the file of the Munsiff Court, Kattappana, wherein the request of the petitioner for impleadment as additional 2nd defendant in the suit has been declined.

2. The brief facts necessary for disposal of the original petition are as follows:-

O.S. No.336/2021 on the files of Munsiff Court, Kattappana is filed by the 1st respondent as plaintiff seeking a decree restraining the 2nd respondent/defendant i.e. Kattappana Municipality from trespassing into the schedule property or from dismantling or destroying the building therein or from interfering with the plaintiff’s peaceful possession and enjoyment of the same. In the said suit, the petitioner filed an application as I.A. No.7/2023 seeking to get himself impleaded as additional 2nd defendant.

3. The specific contention of the petitioner is that injunction is sought against the local authority by stating incorrect facts. Petitioner would contend that as per the averment in the plaint, eviction notices were issued by the local authority earlier also, against which the plaintiff has moved this Court f

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