The review petitioner has filed I.A. No. 2186/2014 to get himself impleaded as an additional defendant in O.S. No. 459/2013. The review petitioner contends that the plaint schedule property is the subject matter of arbitration proceedings between the partners of the firms. The petitioner in the Original Petition and the review petitioner claim to be partners of the three firms.
2. The petitioner in the Original Petition asserts that O.S. No. 459/2012 is one for injunction simplicitor. Personal relief has been sought against defendants 1 and 2 in the suit. It is asserted that defendants 1 and 2 are not parties to the arbitration proceedings. The revision petitioner also claims possession under orders of the Debts Recovery Tribunal in S.A. No. 137/2009.
3. Interest of justice would be met by directing the Court of the Munsiff of Cherthala to adopt the following course:-
R.P.No. 427 of 2014 in O.P.(C). No. 1237 of 2014 2
i) I.A. No. 2186/2014 shall be dealt with notice to all the parties within a period of two weeks.
ii) Any application filed to vary the order in I.A. No.
2335/2013 and 1223/2014 shall also be considered.
iii) The orders in I.A. No. 2335/2013 and 1223/2014 shall be given effect to after passing orders in I.A.No. 2186/2014.
The Review Petition is disposed of.
V.CHITAMBARESH JUDGE DCS