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Judgment
Dr.Kauser Edappagath, J
This C.R.P has been filed challenging the order in I.A.No.2/2023 in O.S.No.55/2022 on the files of the Sub Court, Vatakara (for short 'the trial court').
The respondents herein are the plaintiffs and defendants in O.S.No.55/2022 pending before the trial court. The said suit is one for partition of the plaint schedule property shown therein. The petitioner claimed that the entire plaint schedule property in O.S.No.55/2022 exclusively belongs to him and that none of the respondents herein have any right over the same. He instituted O.S.No.46/2004 before the trial court for a declaration of his title to the plaint schedule property. Though he succeeded in the trial court, the first appellate court reversed the decree. It is submitted that the second appeal filed by the petitioner against the decree and judgment of the first appellate court is pending before this Court.
The petitioner filed I.A.No.2/2023 to get himself impleaded in O.S.No.55/2022. The trial court, after hearing both sides, dismissed the said petition as per the impugned order. It is challenging the said order, the revision petitioner is before this Court.
I have heard Sri. R. Parthasarathy, the learned counsel for the petitioner and Sri. M. Narendra Kumar, the learned counsel for the respondents.
O.S.No.55/2022 is a suit for partition simplicitor to partition the plaint schedule property situated therein. The petitioner herein claims exclusive independent title over the property involved in the said suit. He has also instituted a suit for declaration, to declare his title over the said property. Now the second appeal against the decree passed in the said suit is pending before this Court. Since the petitioner has already instituted such a suit and suffered a decree, his presence is not necessary to adjudicate the issue involved in O.S.No.55/2022. Needless to say, if ultimately, the petitioner succeeds in the second appeal pending before this Court, none of the respondents will have any right over the property in question. Since the petitioner is not a party to O.S.No.55/2022, the decree, if any, passed in the said suit will not bind on him.
With these observations, this C.R.P is dismissed.