K P C KANDASAMY Vs. PADMAVATHY AND OTHERS

JUDGEMENT

(1.) The arguments advanced by Mr.Silambanan, learned Senior Counsel appearing for the petitioner on behalf of M/s.Profex Associates and by Mr.A.Thiagarajan, learned counsel for the respondents 1 to 5 are heard.

(2.) Though the respondents 6 to 8 have entered appearance through Counsel, there is no representation for them. Upon hearing the submissions made on behalf of the petitioner and the respondents 1 to 5, this Court passes the following order.

(3.) The plaintiff in the original suit O.S.No.450 of 2005 on the file of the Additional District Judge, Fast Track Court III, Coimbatore, is the petitioner in the present revision. The suit was filed for specific performance based on an agreement of sale deed, dated 03.12.2014 against the respondents 6 to 8 herein, who have been arrayed as defendants 1 to 3 in the Original Suit. Respondents 6 to 8 are said to have entered into an agreement with the petitioner on the basis of their claim that they are the testamentary legal heirs of late Vellingiri Mudaliar, the husband of the 6th respondent and father of the 7th and 8th respondents. The respondents 1 to 5 are none other than the daughters of the said Vellingiri Mudaliar. Contending that their father died intestate and they do have a share equivalent to the shares of each one of the respondents 6 to 8 herein, the respondents 1 to 5 filed an application under Order I Rule 10 C.P.C as I.A.No.445 of 2007 for their impleadment as defendants in the said suit.