this partition, the 3rd defendant had entered into a registered sale agreement in respect of item Nos.11 to 17 with the 4th defendant. As per the terms of the sale agreement, the properties therein were to be sold by the 3rd defendant for himself and on behalf of his minor children. The 3rd defendant had also received an advance and the balance was to be paid within a period of 3 years. The plaintiff would submit that this agreement is only a sham and nominal one. Thereafter, the 4th defendant appears to have filed a suit for specific performance in O.S.No.153 of 2003 against the 3rd defendant and his minor children in respect of suit items 11 to 17. The 3rd defendant and his minors remained ex parte and ultimately, the suit came to be decreed on 24.01.2011. It was only when this suit was pending that the plaintiff had got wind of the partition deed. She had filed I.A.No.338 of 2008 to implead herself in the suit for specific performance. However, the application was rejected and her revision to this Court in CRP. (PD) No.34 of 2009 also ended in a dismissal. However, this Court had observed that it is open to the plaintiff to take appropriate proceedings. Therefore, she had come forward with the present suit.
