DHANALAKSHMI Vs. P MOHAN

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the final judgment and order dated 6.1.2005 passed by the Madurai Bench of the Madras High Court in C.R.P. (P.D.) No.357 of 2004. We have heard Mr. V. Prabhakar, learned counsel for the appellants and Mr. R. Nedumaran, learned counsel for the contesting respondents.

(3.) The High Court dismissed the revision petition filed by the appellants herein against the order dismissing the application filed by them to implead themselves in the suit filed by the first respondent (P. Mohan) for partition of his share of the property in O.S. No.82 of 2004. According to the appellants, they have purchased the properties from the second, third, fourth and sixth respondents by two registered sale deeds dated 18.6.1999 and 21.6.1999 and they are the bonafide purchasers for the value and entitled for alienors share in equity and, therefore, they are the necessary parties for effective adjudication of the dispute in O.S. No.82 of 2004. The Principal District Judge, Thanjavur came to the conclusion that since the sales in favour of the appellants were covered by the doctrine of Lis Pendens and since they can only have whatever rights their transferors had, it is necessary to deal with their rights separately and dismissed the application. Against that order, the appellants preferred the revision before the High Court. The High Court also dismissed the revision on the ground that the appellants are not entitled to be impleaded since the right that they may have cannot be larger than the right of their vendors, assuming that they are bonafide purchasers. The High Court holding so, dismissed the revision on the ground that there is no justification to interfere with the orders passed by the court below. Aggrieved by the same, the appellants have come before this Court.