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2001 Supreme(Mad) 1235

K.RAVIRAJA PANDIAN
S. G. Kannappan – Appellant
Versus
S. Murugesan – Respondent


Advocates Appeared:
Mr.K. Srinivasan, Advocate for Petitioner.
Mr.P. Valliappan for M/s Saravabhauman Associates for Respondent No.1. Mr.S. Sivathilagar, Advocate for Respondent No.2.

Judgment :

1. The above civil revision petition is filed under Section 1 15 of Civil Procedure Code against the order and decretal order of the IV Additional Subordinate Judge, Coimbatore dated 10.7.2000 made in I. A. No. 21 of 2000 in O.S.No.470 of 1996.

2. The brief facts of the case are as follows: -

The petitioner herein as plaintiff filed a suit in O.S.No.470 of 1996 on the file of IV Additional Subordinate Judge, Coimbatore for specific performance of the agreement of sale dated 27.11.1994. Along with the suit, an application in I.A.No.488 of 1996 was filed seeking for the relief of interim injunction restraining the respondent from making alienation or creating encumbrance over the property, which is the subject matter of the suit. It seems that no injunction was granted as prayed for, obviously,on the ground of lis pendens. The suit was taken up for trial. During the cross examination of the respondent/defendant, it was elicited from him that subsequent to the filing of the suit, the property in dispute was sold to one Jegannathan during July, 1992, Hence, the petitioner herein filed an application in I.A.No.21 of 2000 to implead the said Jegannathan as a party/defendant to



















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