K.P. Sivasubramaniam, J.

1. In this appeal, the correctness or otherwise of the order passed by the learned single Judge in A.S. No. 796 of 1987 dated 11. 1999 is called in question. The order of the learned single Judge appears to have been passed on a preliminary objection raised by the respondents in the appeal.

.2. O.S. No. 247 of 1981 on the file of the Sub Court, Madurai, was filed by one Veerappan, the first respondent for specific performance of an agreement for sale dated 21. 1978. Respondents 2 to 9 were impleaded in the suit as owners of the property and it was alleged that the owners had entered into an agreement with him and as the agreement was not complied with, the suit was filed. After the decree was passed by the trial Court, the defendants through their power of attorney, sold large extent of properties including the subject matter of the suit in favour of certain other persons who are the present appellants. In the mean time, defendants 1 to 5 filed appeal in A.S. No. 796 of 1987 before this Court against the judgment and decree in O.S. No. 247 of 1981 and the appellants herein being subsequent purchasers filed C.M.P. No. 3707 of 1989 to implead the