K SHIVAKUMAR Vs. M. V. KRISHNA RAO

JUDGEMENT

(1.) The present appeal is called through Video Conferencing on 12.10.2020 and by consent of both the parties, the same is taken up for final disposal.

(2.) The brief facts of the case are as follows: One, M.V.Krishna Rao has filed a suit in C.S.No.925 of 2010, seeking to declare the Sale Deed registered as document No.976 of 2010 as null and void, along with consequential reliefs. Pending the suit, the sole plaintiff, namely M.V.Krishna Rao, died on 21.12.2010. The 3rd defendant, namely Mr.Murugesan, claiming rights over the suit property through a Will dated 24.12.2009, impleaded himself as a plaintiff, through an order dated 19.10.2011 passed in Application No.2171 of 2011 filed under Order 22 Rule 3 of the Code of Civil Procedure (hereinafter referred to as the 'Code'). The legal heirs of late M.V.Krishna Rao were also impleaded as plaintiffs along with Mr.Murugesan, through an order dated 19.07.2014.

(3.) As against the order impleading Mr.Murugesan as a plaintiff, O.S.A.No.23 of 2012 came to be filed, which was allowed by a Co-ordinate Bench of this Court and the matter was remitted back to the learned Single Judge for reconsideration. Consequently, by an order dated 05.12.2014 made in Application No.2171 of 2011, the said Mr.Murugesan came to be transposed as the 3rd defendant, instead of being a plaintiff. The challenge made to the order dated 05.12.2014 by the said Murugesan, was dismissed on 07.09.2015.