Advocates:
['M/S A SARAVANAN', '', 'K PURUSHOTHAMAN', 'g viswanathan', 'M/S R RAMYA', '', 'B ARVIND SREVATSA']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 10.06.2022

PRONOUNCED ON : 30.06.2022

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

AND

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN

OSA.NO.256 OF 2020

Vellore Institute of Technology (VIT)

Rep. by its Trustee G.V.Selvam

No.54, Thennamaram Street,

Vellore, Vellore District.

... Appellant

Vs

1. B.V.Reddy Enterprises Private Limited

Represented by its Director, Mr.V.Dinesh Reddy

Having registered office at

No. 232, Kilpauk Garden Road

Kilpauk, Chennai 600 010.

2. S.Murali Mani

3. S.Balan Mani

4. Arjunlal Sunderdas

5. S.M.Lal

6. The Official Assignee

High Court, Madras

Representing the

Estate of Arjunlal Sunderdas (Insolvent)

... Respondents

PRAYER: Appeal filed under Order XXXL Rule 1 of O.S. Rules read

with Clause 15 of Letters Patent against the order and decreetal

dated 09.07.2020 made in Appln. No. 8678 of 2018 in C.S.No. 285

of 2014.

A.No.8678 of 2018: Application praying that this Hon'ble Court

be pleased to implead the applicant/third party as 6^th Defendant

in the above suit before this Hon'ble Court be granted.

For Appellant

:

Mr.R.Thiagarajan

for Mr.A.Saravanan

For 1^st Respondent :

Mr.T.V.Ramanujun

Senior Counsel for

Mr.B.Arvind Srevatsa

For 6^th Respondent

:

Mr.K.V.Ananthakrishnan

Assisted by

Ms.A.Janani

for the Official Assignee

JUDGMENT

This Original Side Appeal has been filed by the applicant in

A.No. 8678 of 2018 questioning dismissal of the said application

by a learned Single Judge of this Court by order dated

09.07.2020. The said application in A.No. 8678 of 2018 had been

filed in C.S.No. 285 of 2014 which is now pending before this

Bench and listed for advancing arguments. The appellant is a

third party to C.S.No. 285 of 2014 and had filed the said

application in A.No. 8678 of 2018 under Order 1 Rule 10(2) of

the Code of Civil Procedure seeking to be impleaded as the sixth

defendant in the said suit.

C.S.No. 285 of 2014:

2. C.S.No. 285 of 2014 had been filed by the first

respondent / B.V.Reddy Enterprises Private Limited against four

defendants seeking specific performance directing the 1^st and 2^nd

defendants to execute a registered sale deed through their power

of attorney agents / 3^rd and 4^th defendants with respect to the

property mentioned in the schedule to the plaint pursuant to an

agreement of sale dated 13.12.2006 entered into by the 1^st and 2^nd

defendants through their power of attorneys, 3^rd and 4^th

defendants with the plaintiff and to deliver vacant possession

of the said property and also for consequential injunction

restraining alienation or altering of the physical features of

the property and also for costs of the suit.

3. Since the 3^rd defendant / power of attorney agent of the

1^st and 2^nd defendants had been declared as insolvent in I.P.No.25

of 2014 by order of Court dated 21.04.2014 and since in the

Insolvency Petition it had been disclosed that the property

which was the subject matter of the agreement also formed part

of the estate of the insolvent, the Official Assignee had been

impleaded as the 5^th defendant by order dated 17.08.2015 in A.No.

4741 of 2015.

4. It is the contention of the plaintiff in C.S.No. 285 of

2014 that the suit schedule property at old Door No. 33, New

Door No. 33, College Road, Nungambakkam, Chennai, measuring 5

grounds and 1077 sq.ft., originally belonged to one Mrs.

T.R.Subbulakshmi and later she bequeathed the same to her two

sons, S.Murali Mani, and S.Balan Mani, the 1^st and 2^nd defendants

in the suit by Will dated 21.01.1997, for which Letters of an

Administration had been granted by this Court in O.P.No. 496 of

2005 by order dated 17.01.2006. It had been claimed that

S.Murali Mani and S.Balan Mani had entered into an agreement of

sale in the said property in favour of Mr.Arjunlal Sunderdas,

the 3^rd

defendant/insolvent. This agreement was dated

18./19.08.