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2000 Supreme(Mad) 731

V.KANAGARAJ
Preethan Lalchand Mahtani – Appellant
Versus
Sudhir V. Joshi – Respondent


Advocates Appeared:
M.S. Subramanian, for Appellant M/s. K.V. Anantha Krishnan, R. Sivakumar, G. Sukumari, & M. Kamalanathan & R. Kamaraj for Respondents.

Judgment :-

1. This petition has been filed under Order I Rule 10 (2) of the Code of Civil Procedure by the peti-tioners praying to implead them as respondents in the above Appeal Suit.

2. In the affidavit filed in support of the petition, the petitioners would submit that the appellant/second defendant purchased the suit properties in court auction under the mortgage decree in O.S. No. 104 of 1972 on the file of the court of Subordinate Judge, Chingleput on 30.10.1985 and he took delivery through court on 10.1.1986 in E.P. No. 2 of 1984; that the third defendant to the suit, who is the 5th respondent in the above appeal was claiming title to the suit properties under another sale in court auction held on 6.2.1980 in E.P. No. 92 of 1976 that arose from out of money decree in O.S. No. 5377 of 1970; that the third defendant to the suit alienated the property in favour of the plaintiffs and the defendants 5 to 56 and the plaintiffs filed the suit in O.S. No. 9300 of 1987 for declaration of their title in respect of the portions purchased by them and for Permanent Injunction or in the alternative to set aside the sale deed in favour of the appellant/second defendant.


3. The petitioners


















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