In a suit for injunction, the plaintiff is required to implead the current owners of the property if the suit property has been alienated, as the adjudication of rights and possession depends on their presence.

JUDGMENT

The original petition has been filed seeking to set aside Exts.P5 and P8 orders in OS.No.458 of 2019 before the Munsiff Court, Chittur.

2. When the case is taken up, the counsel for the petitioner submitted that the matter stands listed for trial on 12.06.2026. The counsel for the petitioner sought stay of the proceedings in view of the pendency of this original petition.

3. The suit is filed seeking an injunction against the defendants not to alienate the plaint schedule property. A written statement was filed stating that the properties have already been alienated and it belongs to strangers and the suit is bad for non-joinder. In the above circumstances, the Court directed the petitioner to implead the persons who are the present owners since the suit is for an injunction. The said order is challenged stating that the claim of the petitioner is based on an agreement with the predecessor of the defendants and the petitioner cannot be compelled to implead persons who became owners of the properties much later.

4. I do not think that the above argument is sustainable since a suit for injunction depends on the possession and also on the right of the parties over the properties. A person who is claiming right under an agreement cannot take a stand that he is not bound to implead the owners of the property and still maintain a suit for injunction not to alienate against the persons who have already alienated the property. I do not find anything wrong in the order passed by the Munsiff Court.

5. The original petition is hence dismissed without prejudice to the right of the petitioner to abide by the directions in the orders.