Application to implead proposed parties as respondents in a specific performance suit was dismissed. The Court held they were not necessary parties as they had no involvement in the specific agreement sought to be enforced, having previously sold a portion of the property.
Application praying for impleadment of proposed parties as respondents 2 to 5 is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
FRIDAY THE 09TH DAY OF FEBRUARY 2018 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
A. No.5015 of 2017 in C.S. No.1170 of 2008
S.Jamal Mohideen, S/o.Shahul Hameed, No.1, Raja Annamalai Road, II Floor, Purasawalkam, Chennai-600 084. ... Plaintiff
-Versus-
K.T.J.Prakash, No.154, I Floor, Purasawalkam High Road, (Next to Abirami Theatre), Kellys, Chennai-600 010. ... Defendant
A. No.5015 of 2017:- S.Jamal Mohideen, S/o.Shahul Hameed, No.1, Raja Annamalai Road, II Floor, Purasawalkam, Chennai-600 084. ... Applicant/Plaintiff
-Versus-
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Application praying that this Hon'ble Court be pleased to implead the proposed parties as mentioned in the cause title as defendants 2 to 5 in the above suit.
This application coming on this day before this court for hearing the court made the following order:-
This application has been filed seeking to implead the proposed parties viz., the respondents 2 to 5.
been filed by the plaintiff/ applicant seeking specific performance of agreement of sale dated 01.07.2005.
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the registered sale deed dated 16.05.2002 in favour of the proposed parties 2 to 5.
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5
agreement of sale between the plaintiff and the sole defendant.
Sd/-R.S.M.J 09.02.2018 //Certified to be a true copy// Dated this the day of 2018 JJ 06/07/18
From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.
1 issue framed by the court
Whether the proposed parties who sold a portion of the property prior to the agreement are necessary parties to a suit for specific performance of the subsequent agreement.
S. Jamal Mohideen
K.T.J. Prakash
Kalanther Naina Mohamed
Mohamed Jabarulla
Mrs. Umsul Maharifa
Mrs. Mohamed Fathima
R. Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
