TAMILSELVI Vs. M KULANDAIVELU; J SEKAR

JUDGEMENT

(1.) The subsequent purchaser of the property, forming part of the subject matter in O.S. No. 7 of 2008, who unsuccessfully filed an application to implead herself in the original proceedings, is before this Court praying for leave to challenge the ex parte decree passed in the said suit, which was filed for specific performance of the agreement dated 26.05.2007 by the 1st respondent against the 2nd respondent.

(2.) The 2nd respondent is the owner of the suit property mentioned in O.S.No. 7 of 2008 and he entered into an agreement of sale dated 26.05.2007 with the 1st respondent. As the 2nd respondent failed to execute the sale deed, there arose a dispute and the 1st respondent filed a suit for specific performance in O.S. No. 7/2008 on 01.02.2008. Thereafter, the petitioner herein purchased the suit property from the 2nd respondent on 31.03.2008. The said suit filed by the 1st respondent was decreed ex parte on 12.06.2008 based on which an execution petition in E.P. No. 9 of 2009 was filed on 19.01.2009 by the 1st respondent.

(3.) When things stood so, the petitioner, being the subsequent purchaser of the suit property, filed an application in I.A. No. 95/2009 before the Trial Court to set aside the ex parte decree dated 12.06.2008. But, the said petition was dismissed by the Trial Court holding that the petitioner is not a necessary party to the said suit. Hence, the petitioner filed C.M.A. No. 694 of 2012 before this Court and the said appeal came to be dismissed on 17.04.2013, which was also confirmed by the Honourable Apex Court in SLP(C) No. 25065 of 2013 on 19.08.2013.