O R D E R

Petitioner/third defendant/third judgment debtor is a Society registered under the Kerala Co-operative Societies Act (for short, “the Act”). One Sebastian who is a member of petitioner obtained a plot of land in accordance with its bye-law in his capacity as member of th petitioner and later his right was assigned in favour of the 6 respondent.

th It is said that the 6 respondent transferred his right over the property to th the 5 respondent. While so, the original plaintiff who is a close relative of respondents 5 and 6 brought O.S. No.724 of 1995 in the court of learned Principal Sub Judge, Ernakulam seeking a declaration that the said property was purchased by respondents 5 and 6 utilising his funds for and on his behalf and for a direction to the petitioner and respondents 5 and 6 to execute a proper conveyance in his favour or his nominee within a time to be specified by the court and in case of their failure to do so, requesting that the court may execute the sale deed in favour of the original plaintiff or his nominee as the case may be. That suit was resisted by the petitioner and respondents 5 and 6 on various grounds including that the suit is not maintainable.