Bella Rozario v. M/S Dream Homes And 2 Others

A.No.2323 of 2021 in A.No.815 of 2021 in O.P.No.175 of 2018 P.VELMURUGAN, J., This application has been filed to implead the applicant herein as a respondent in A.No.815 of 2021 in O.P.No.175 of 2018.

2. The learned counsel for the applicant submitted that admittedly as per the resolution dated 08.02.2020, the applicant herein was appointed as a Managing Trustee of the said Trust and therefore he is an interested person to the Trust. Hence, the applicant is to be impleaded as one of the parties in the above application.

3. The learned counsel for the 3rd respondent submitted that the applicant is not an interested person and he has not been appointed as Managing Trustee and therefore this application may be dismissed.

4. The learned counsel for the respondents 1 and 2/purchaser submitted that he is ready to abide the order of this Court. Page No.1/3

5. Heard the learned counsel on either side and also perused the materials available on record.

6. Whether the applicant is a Trustee or selected as a Trustee, which is valid or not, cannot be decided at this stage.

7. However, on being satisfied with the averments made in the affidavit filed in support of the application, this Court is of the view that the applicant is a proper and necessary party, hence, the applicant should be impleaded as one of the parties in A.No.815 of 2021. Accordingly, Application No.2323 of 2021 is allowed. The applicants shall carry out necessary amendment in the application in A.No.815 of 2021 on or before 29.03.2022 and serve copies of the amended application on the impleaded party.

Post the matter on 29.03.2022.

ms 08.03.2022 P.VELMURUGAN, J., Page No.2/3

ms A.No.2323 of 2021 in A.No.815 of 2021 in O.P.No.175 of 2018 08.03.2022 Page No.3/3