VINEET KOTHARI, J.

1. The Defendant No. 2-Chiranjith Ajila, has filed this petition in this Court under Article 227 of the Constitution of India challenging two orders passed by Trial Court:-

(i) The order dated 05.07.2016 passed by the learned Trial Court in O.S. No. 84/2014 allowing the application-I.A. III seeking to implead the petitioner herein as party to the suit; and

(ii) The order dated 16.12.2016 rejecting the application-I.A.V filed by defendant No. 2-the present petitioner himself under Order 10 Rule 2 of CPC seeking to be deleted from the array of defendants in the present suit filed by respondent No. 1/plaintiff-M/s. Archana Projects for recovery of money of Rs. 9,40,000/- with interest from vender-Defendant No. 1-Mr. Roy Antony.

2. The learned counsel for the petitioner-Defendant No. 2-Mr. Sampath Anand Shetty, has urged before the Court that the suit filed by the plaintiff is not for specific performance but only for recovery of money from Defendant No. 1, the vender and the Defendant No. 2-the present petitioner-Mr. Chiranjith Ajila to whom the said Defendant No. 1 sold the suit property in question has no privity of contract with the plaintiff nor he has purcha