J U D G M E N T

This petition is filed by the plaintiffs in O.S.No.15 of 2008 of the court of learned Sub Judge, Palakkad aggrieved by Ext.P7, a single word order whereby the learned Sub Judge has allowed the application for impleadment made by the respondent under Rule 10(2) of Order I of the Code of Civil Procedure (for short, “the Code”). According to the petitioners they are the legal heirs of Aiyya Pattar to whom the suit property - 7.97 acres belonged. It is the case of petitioners that Aiyya Pattar had given on lease certain other items belonging to him to one Mallu. Petitioners and other legal heirs of Aiyya Pattar filed O.S. No.337 of 1989 for partition of the suit property impleading one Retna Babu also as defendant since he claimed right over property. Regarding the claim of Retna Babu over the suit property, the suit was decreed for partition among the other legal heirs of Aiyya Pattar. Decree in O.S. No.337 of 1989 has become final and was put into execution. In the meantime Retna Babu filed O.S. No.267 of 1989 for specific performance of an alleged agreement for sale of a share of the suit property against some other legal heirs of Aiyya Pattar. That suit ended in a