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Madras High CourtA/6657/2015allowed

V.Subbaiah v. Mr.Prakash Chand Jain

2016-11-16Honourable Mr Justice M.M.Sundresh2 pages

A.Nos.6657 of 2015 and O.A.No.394 of 2015 in C.S.No.279 of 2015 M.M.SUNDRESH, J.

The applicant in A.No.6657 of 2015 is the second defendant in the suit. He is the subsequent purchaser. Seeking to vacate the order passed by this Court in O.A.No.394 of 2015 dated 01.04.2015, the applicant has come up with the application in A.No.6657 of 2015. 2.Learned counsel for the applicant submits that to show his bonafide, a sum of Rs.29 lakhs would be deposited by the applicant on the file of this Court.

3.Unfortunately, there was no representation on behalf of the respondents, on the last occasion and even today. In such view of the matter, the order passed in O.A.No.394 of 2015 dated 01.04.2015 stands vacated and A.No.6657 of 2015 stands allowed with a direction to the applicant to deposit a sum of Rs.29,00,000/- (Rupees Twenty Nine Lakhs only) to the credit of C.S.No.279 of 2015 on the file of this Court, within a period of four weeks from today. Consequently, O.A.No.394 of 2015 stands closed. This order is passed without

M.M.SUNDRESH, J.

mmi prejudice to the contentions of the parties. It is also made clear that any alienation, if made in future, would be hit by the doctrine of lis pendens.

16.11.2016 mmi A.Nos.6657 of 2015 and O.A.No.394 of 2015 in C.S.No.279 of 2015 http://www.judis.nic.in