N GANESAN Vs. PAVAYEE

JUDGEMENT

(1.) The petitioner is plaintiff in O.S.No.661of2008 on the file of the Principal District Munsif Court, Namakkal. He is a tenant in the suit property and the first and second defendants are the owners of the property. One Palanisamy, husband of the first respondent and the first and second respondents took lease of suit property from the petitioner in the year 1984. The said Thangaraj died. The petitioner filed the above said suit for relief of permanent injunction restraining the defendants from evicting them without due process of law and the same is pending.

(2.) Pending the trial of the suit, the petitioner filed an application under Order 1 Rule 10 and Section 151 of CPC to implead the 3 & 4th respondents as the defendants to the suit. In the affidavit, he has alleged that the Bank, the proposed party has recorded symbolic possession and admitted the property to public auction and the other proposed party is the authority to act under the provision of SERFAESI Act (hereinafter referred to as 'Act').

(3.) This petitioner has no objection in permitting the Bank to record the symbolic possession to bring the property to public auction and the successful bidders to take possession of the property. However, for final adjudication of the case, the proposed party may be added as defendants.