M RAJENDRA Vs. P L MEYYAMMAI

JUDGEMENT

(1.) The defendant No.7-petitioner filed the present writ petition against the order dated 12.03.2019 passed in I.A. No.17 made in O.S.No.1017/2013 allowing the application filed by the plaintiff under Order 6 Rule 17 Code of Civil Procedure, 1908.

(2.) The respondent who is the plaintiff before the trial Court filed suit for declaration of title in respect of the suit Schedule-A property and to declare the GPA and registered sale deeds as null and void and not binding on the plaintiff and also to direct the first defendant and fifth defendant to deliver vacant possession of the property mentioned in Schedule-B to the plaintiff and to pay Rs.1,16,450/- towards damages from the date of the suit and continue to pay damages, so also direct second defendant and fifth defendant to deliver vacant possession in Schedule-C and to pay Rs.84,000/- towards damages from the date of the suit and continue to pay damages and also direct third defendant and fifth defendant to deliver vacant possession of Schedule-D property and to pay Rs.63,000/- towards damages from the date of suit and continue to pay damages, etc. Based on the registered sale deeds, defendants 1 to 5 were placed ex-parte.

(3.) The defendant No.6 filed Written Statement, denied the averments made in the plaint and contended that he has purchased the Schedule-A property from defendant No.5 on 26.02.2013 and is in possession of the same. The defendant No.7 who has purchased the said property from defendant No.6 on 30.06.2014 has denied the plaint averments and contended that he is the bonafide purchaser and has purchased the same without knowing the pendency of the suit and hence sought for dismissal of the suit.