JUDGMENT

The plaintiffs came up aggrieved by the acceptance of written statement by the persons who were subsequently impleaded in the suit for partition after its remand by the first appellate court. They are litigating under the 8th defendant based on a pendente lite transfer. As such, they have every right to take up their own defence in the suit. Since they are pendente lite transferees, apart from the contention raised by their assignors, they can raise the contention of bonafide purchase without notice to the pending suit and such other contentions. But, it is not permissible to take up any other extraneous contentions and as such the trial court has to consider the same on merits at the time of final hearing of the suit. Notice to the respondents is dispensed with. Without prejudice to the right of parties to take up all these issues at the time of final hearing, the present Original Petition is hereby disposed of.

Sd/-

P.SOMARAJAN JUDGE DMR/-

APPENDIX OF OP(C) 1294/2023 PETITIONERS' EXHIBITS Exhibit P1 THE TRUE COPY OF THE PLAINT IN O.S NO.811 OF

2010 ON THE FILES OF SUB COURT ERNAKULAM Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANTS NO. 1, 2, 4 TO 6 AND 8