R. Manoharan v. R. Ponnusamy

CMP.No.11250/2022 in AS.No.615/2016 S.S.SUNDAR, J., and N.MALA, J., [Order of the Court was made by S.S.SUNDAR, J.,] The above miscellaneous petition is filed by a third party who has purchased the property which is the subject matter of this lis from the defendants in the suit.

2.Since the petitioner has purchased the property pendente lite, this application is opposed by the other respondents so that he is not entitled to be heard independently.

3.As a purchaser, pendente lite, the petitioner's right to contest the Appeal Suit on merits cannot be deprived of. Order 22 Rule 10 of CPC enables the petitioner to come on record to protect his interest and this is the only opportunity as purchaser, the petitioner is entitled to.

4.Hence, the above miscellaneous petition is ordered.

5.Registry is directed to make necessary amendment in the cause title and post the Appeal Suit in the usual course.

[SSSRJ] [NMJ] 14.10.2022 [2/2] AP Internet: Yes https://www.mhc.tn.gov.in/judis