SARASWATHI AND ORS. Vs. KANAGARAJ AND ORS.

JUDGEMENT

(1.) Aggrieved over the order dated 30.09.2013, passed in unnumbered IA---/2013 in IA No.494 of 2008 in OS No.18 of 2001, on the file of the learned Subordinate Judge, Athur, the present petitioners who are the respondents in the above referred IA have preferred the Civil Revision Petition and prayed to set aside the order dated 30.09.2013, passed in unnumbered IA---/2013 in IA No.494 of 2008 in OS No.18 of 2001.

(2.) Earlier, the 1st petitioner, Saraswathi and her husband late Mohana Sundaram, filed a suit as against one Nallammal, the 2nd respondent, seeking the relief of specific performance, directing the said Nallammal to execute the sale deed in favour of the plaintiffs, within a period of one month after receiving the balance sale consideration of Rs.1,13,000/-. On 01.10.2004, the suit was decreed in favour of the plaintiffs viz., 1st petitioner Saraswathi and her husband viz., Mohanasundaram. Thereafter, the plaintiffs in the above referred suit has not deposited the balance of sale consideration of Rs.1,13,000/- within the date specified by the Court below. Only on 21.03.2008, they filed an application in IA No.494 of 2008, before the Court below and prayed to excuse the delay of 1388 days in depositing the balance of sale consideration.

(3.) During the pendency of the said application, the subsequent purchaser/1st respondent herein viz., Kanakaraj, a third party filed an interlocutory application under Order I Rule 10(2) of the Code of Civil Procedure and prayed to implead him as a party to the proceedings in IA No.494 of 2008. The learned Subordinate Judge, Athur, after affording an opportunity to the revision petitioners by order dated 30.09.2013, allowed the unnumbered IA---/2013 filed by the 1st respondent/subsequent purchaser and permitted him to be impleaded as party to the proceedings in IA No.494 of 2008 in OS No.18 of 2001. Aggrieved over the said finding, the petitioners are before this Court with the present Civil Revision Petition.