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2018 Supreme(Mad) 4444

R.SUBBIAH, C.SARAVANAN
James Paul – Appellant
Versus
Shashikumar – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Kabir, T.V. Vineeth Kumar.
For the Respondents: N. Sridhar, R. Bharath Kumar.

JUDGMENT :

R. SUBBIAH, J.

Prayer: Appeal filed under Section 96 read with Order 41 Rule 1 of the Code of Civil Procedure against the Judgment and Decree dated 26.09.2016 passed in O.S. No. 102 of 2007 on the file of III Additional District and Sessions Judge, Coimbatore.

1. The appellant is the third defendant in O.S. No. 102 of 2017 on the file of the learned III Additional District and Sessions Judge, Coimbatore. He has filed the present appeal challenging the decree for specific performance granted by the trial Court in O.S. No. 102 of 2017 dated 26.09.2016. The said suit was filed by the first respondent herein, as plaintiff, as against the defendants 1 and 2, who are the respondents 2 and 3 herein and as against the third defendant, who is the appellant herein.

2. At the outset, it is pertinent to point out that originally the suit in O.S. No. 102 of 2007 was filed by the first respondent/plaintiff only as against the second respondent/first defendant herein, who was the owner of the suit property. During the pendency of the suit, the plaintiff came to know that the suit property was sold by the second respondent/first defendant herein in favour of the second defendant, who, in tu

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