YASODHA Vs. V.G.P. HOUSING

JUDGEMENT

(1.) This civil revision petition is directed against the order dated 9.2.2010 passed by the Sub Judge, Perundurai, in I.A.No.91 of 2009 in O.S.No.12 of 2009.

(2.) The petitioner is a third party to the suit in O.S.No.127 of 2009 on the file of Sub Court, Perundurai. The respondents 1 to 6 herein had filed the suit for specific performance of the agreements dated 22.5.2000 and 2.5.2003, against respondents 6 to 9 herein. In the suit, the petitioner filed an application in I.A.No.118 of 2009 for impleading, contending that the third defendant in the suit, namely, Mrs.Parimalam, had executed a settlement deed, dated 15.5.2008, in his favour. So, as per the settlement deed, he became owner of the suit property and he has been in possession and enjoyment of the property as absolute owner. The respondents 1 to 6 herein had filed their counter stating that the settlement deed must be a sham and nominal document and it is hit by lis pendens, so, the petitioner is not a necessary and proper party to the suit. The learned Sub Judge, Perundurai, dismissed the petition. Aggrieved by the said order, the present revision is filed.

(3.) Heard Mr.S.Mohammed Azaad, learned counsel for the petitioner and Mr.K.Balamurali, learned counsel for R1 to R6.