Mariammal v. Selvaraj

C.M.P No.8548 of 2020 in A.S. No.611 of 2019 C.M.P No.8548 of 2020 in A.S. No.611 of 2019 T.RAJA, J.

and G.CHANDRASEKHARAN,J.

The Civil Miscellaneous Petition has been filed to implead the petitioner as second respondent in A.S. No.611 of 2019. 2.Learned counsel appearing for the petitioner submitted that the defendants before the Trial Court has entered into a sale agreement in respect of the portion of the suit property and has executed several other sale agreements. In view of the default committed by the defendants, the plaintiff had filed a suit for specific performance in O.S. No.223 of 2013 before the II Additional District Court, Salem that was decreed on 24.11.2017. After coming to know about the execution of several agreements of sale with the third respondent Parimala even prior to execution of agreement of sale in favour of the petitioner herein, the petitioner has been advised to come to this Court to implead her as second respondent.

https://www.mhc.tn.gov.in/judis/ 1/2

C.M.P No.8548 of 2020 in A.S. No.611 of 2019 T.RAJA, J.

and G.CHANDRASEKHARAN,J.

vga 3.We are unable to find any justification or reason to entertain the petition. The reason being that without even approaching the Trial Court, the petitioner, being a third party to the O.S. No.223 of 2013, has come to this Court by way of filing this petition to implead her as second respondent. Finding no merits in the petition, we are inclined to dismiss the same. Accordingly, the petition is dismissed. 4.It is made clear that the dismissal of this petition will not come in the way of the petitioner to proceed further in the manner known to law. (T.R.,J.) (G.C.S.,J.) 23.02.2021 vga Post the suit on 04.03.2021 in the physical hearing C.M.P No.8548 of 2020 in A.S. No.611 of 2019 https://www.mhc.tn.gov.in/judis/ 2/2