Madras High CourtCRP/3989/2016dismissed

S.K.Sujatha,W/O.Ramamoorthy v. Y.Raja Reddy

2017-02-24Honourable Mrs Justice Pushpa Sathyanarayana4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.02.2017

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA C.R.P.(PD).No.3989 of 2016 and C.M.P.No.20180 of 2016

1. S.K.Sujatha

2. K.Kubendra .. Petitioners Vs.

1. Y.Raja Reddy

2. B.Krishnappa .. Respondents Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and decretal order, dated 03.10.2016 passed in I.A.No.35 of 2016 in O.S.No.92 of 2015 on the file of the Additional District Court at Hosur, Krishngiri District.

For petitioners : Mr.M.Guruprasad For respondents: Mr.G.M.Ananthakumar

ORDER

The suit is one for specific performance, filed by the plaintiffs against the second respondent/defendant. After agreement of sale, the suit

property was sold on 20.05.2013 to one Y.Raja Reddy. The said Raja Reddy being the purchaser subsequent to the agreement, was sought to be impleaded as second defendant in the suit, in I.A.No.35 of 2016 in O.S.No.92 of 2015, which was allowed. Aggrieved by the same, the plaintiffs have preferred this revision. As the suit property is now standing in the name of the third party purchaser, he is a necessary and property party and any adjudication in his absence would prejudice his rights in the property. Therefore, the trial Court has rightly impleaded him as second defendant in the suit, over which, the plaintiffs cannot have any grievance. There being no merits, the Civil Revision Petition is dismissed. No costs. C.M.P. is closed.

24.02.2017 cs Copy to The Additional District Judge, Hosur, Krishnagiri District.

PUSHPA SATHYANARAYANA, J cs C.R.P.(PD).No.3989 of 2016 24.02.2017

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