K SHANTHI Vs. P SUKUMARAN

JUDGEMENT

(1.) THIS is an application taken out by the de-fendants 1 to 3 in the suit seeking dismissal of the suit as against them.

(2.) HEARD Mr. G.R. Lakshmanan, learned counsel appearing for the applicants/defen-dants 1 to 3 and Mr. V. Raghavachari, learned counsel appearing for the respondent/plain-tiff.

(3.) CONTENDING that the respondent/plaintiff is a pendente lite purchaser of suit -B- schedule property from another pendente lite purchaser by name K.Meenakshi Ammal and that the vendor of the respondent/plaintiff herself lost the battle in an attempt to assail the decree for partition and that therefore the present suit is not maintainable in law, the applicants/defendants 1 to 3 have come up with the present application for dismissing the suit as against them.