Additional third defendant in O.S.No.38/2007, on the file of the Munsiff-Magistrate Court, Ponnani, is the petitioner, and respondent the plaintiff. Respondent originally instituted the suit against two defendants. An order of injunction was passed against them in I.A.No.183/2007, restraining them from doing any construction work in the property. It is thereafter petitioner was impleaded as third defendant. I.A.No.432/2008 was thereafter filed by the respondent under Order XXXIX Rule 1 of Code of Civil Procedure. The petition was posted for objection to 22.5.2008. On that date, no objection was filed. Learned Munsiff heard the counsel appearing for the respondent, as well as the petitioner. As per the order dated, 22.5.2008, finding that petitioner is an assignee from first defendant and as against the construction, an order of injunction was granted in I.A.No.183/2007, learned Munsiff directed the parties to maintain status quo as noted by the Commissioner. Petition was posted for filing objection to 27.5.2008, on which date also, no
