JUDGMENT

Petitioners in I.A.No.902 of 2010 in O.S.No.654 of 2007 of the court of learned Additional Sub Judge-II, Ernakulam challenge order dated April 3, 2010 declining to implead them as additional defendants in the suit. Respondent No.1/plaintiff filed the suit for recovery of possession of 56 cents on the strength of his title impleading M/s. Ansal Buildwell Limited, a construction company as defendant. According to respondent No.1, suit property was allotted to his share as F schedule in Ext.P2, partition deed No.1265 of 1971 and while he was in possession and enjoyment of the property the defendant trespassed into the said property and hence the suit. Defendant filed Ext.P4, written statement contending that respondent No.1 has no right, title or interest in the suit property and that the suit property belonged in jenm to Kunnappally Kunjan Menon from whom one Varkey took it on lease in the year, 1938. Varkey assigned his lease hold right to Kumari as per document No.1095 of 1966. (In the year, 1971 legal representatives of Kunjan Menon, the jenmy partitioned his properties as per Ext.P2, partition deed.) Kumari assigned her right over the property to one Paily and Paily in tu