JAMES PAUL Vs. SHASHIKUMAR AND ORS.

JUDGEMENT

(1.) The appellant is the third defendant in O.S.No. 102 of 2017 on the file of the learned III Additional District and Sessions Judge, Coimbatore. He has filed the present appeal challenging the decree for specific performance granted by the trial Court in O.S. No. 102 of 2017 dtd. 26/9/2016. The said suit was filed by the first respondent herein, as plaintiff, as against the defendants 1 and 2, who are the respondents 2 and 3 herein and as against the third defendant, who is the appellant herein.

(2.) At the outset, it is pertinent to point out that originally the suit in OS. No. 102 of 2007 was filed by the first respondent/plaintiff only as against the second respondent/first defendant herein, who was the owner of the suit property. During the pendency of the suit, the plaintiff came to know that the suit property was sold by the second respondent/first defendant herein in favour of the second defendant, who, in turn, sold to the third defendant and hence, he had taken out an application in I.A. No. 2 of 2011 to implead the defendants 2 and 3 also as parties to the suit. The said application was allowed by the trial Court on 1/7/2011. Thereafter, the first respondent/ plaintiff has also filed I.A. No. 194 of 2011 to carry out necessary amendments in the plaint and it was also allowed by the trial Court on 20/11/2011. Thus, during the pendency of the suit filed by the first respondent/plaintiff, the defendants 2 and 3 came to be impleaded in the suit.

(3.) For the sake of convenience, the parties to this appeal shall be referred to as per their litigative status in the suit as plaintiff and defendants.