CMP NO. 11190 of 2021 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04-02-2025 CORAM THE HONOURABLE MR JUSTICE S. S. SUNDAR CMP NO. 11190 of 2021 AND SA NO. 817 OF 2008 Mrs.Rani Nicholos W/o.Mr.Nicholos, C-5 And C-6, Emerald Apartments, Second Floor, Davis Dale, Ootacamund-643 001. and 9 Others Appellant(s) Vs S.Kuppuraj S/o.Sadaiyappa Gounder, 164-c, Balasubramanian Road, State Bank Colony, K.K.Pudur, Coimbatore and 6 Others Respondent(s) SA NO. 817 of 2008 Mrs.Rani Nicholos W/o.Mr.Nicholos, C-5 And C-6, Emeralad Apartments, Second Floor, Davis Dale, Ootacamund-643 001. and 9 Others Appellant(s) Vs S.Kuppuraj S/o.Sadaiyappa Gounder, 164-c, Balasubramanian Road, State Bank Colony, K.K.Pudur, Coimbatore-641 011. and 5 Others Respondent(s) https://www.mhc.tn.gov.in/judis CMP NO. 11190 of 2021 For Appellant(s): M/s. ELIZABETH RAVI FOR M/S.P.RAJA D.PRABHAVATHI For Respondent(s): M/s.A.Parthasarathy S.Pooja Shree For R7 SA NO. 817 of 2008 For Appellant(s): M/s.S.Subbiah P.Raja M/s.R.Chandra SekaranR.N.Chandrasekaran- ms/1866/1999For R2R1 - S.Kuppuraj S/o.Sadaiyappa Gounder, 164-c, Balasubramanian Road, State Bank Colony, K.K.Pudur, Coimbatore-641 011.R-4 K.Duraiswamy S/o.Kuppanna Gounder, 10/1-1 Marudamalai Main Road, Kalveerampalayam, Coimbatore-46.Batta With Amended Grounds Due Reg Rr3 & 5Not Ready In Notice Reg Rr3 & 5R6 - Died ( Steps Taken )Mp.1 / 2008Rr1 To 4 - Given Up (vide In Mp)R5 - LeftV/r To M/s.V.Venkatasamy For Rr2(previous Counsel Consent To Be Obtained.Hence Returned) For Respondent(s): ----------- ORDER This petition is filed to implead the 7th respondent as party respondent in the above second appeal in SA.No.817/2008 alleging that the 7th respondent is the purchaser of property pendente lite. https://www.mhc.tn.gov.in/judis 2.Learned counsel for the 7th respondent submitted that he has no instructions from the 7th respondent. 3.This Court is unable to consider the submission as a bona fide one as the learned counsel is engaged recently when the 7th respondent received notice in the application. 4.First of all, the 7th respondent who is a purchaser pendente lite is bound by the judgment in the Second Appeal even if he has not impleaded himself as a party. Despite a petition is filed to implead the 7th respondent, it is unfortunate that the learned counsel for the 7th respondent report no instructions. Under Order 22 Rule 7 of CPC, a purchaser pendente lite can also be heard and this is the only opportunity that can be availed of by the subsequent purchaser. 5.Therefore, it is in the interest of the 7th respondent, he should be given an opportunity to put forth his submissions on merits of the Second Appeal. Hence, this petition is ordered. 04-02-2025 AP CMP NO. 11190 of 2021 To 1. S.Kuppuraj S/o.Sadaiyappa Gounder, https://www.mhc.tn.gov.in/judis 164-c, Balasubramanian Road, State Bank Colony, K.K.Pudur, Coimbatore 2. Veerapandi Two Panchayat Rep. By Its Executive Officer, No.4, Veerapandi Town Panchayat, Veerapandi, Coimbatore 641 019. 3. Mr.Kaliammal W/o.Kaliappa Gounder, Marudamalai Main Road, Kalveerampalayam, Coimbatore 641 046. 4. K.Duraisamy S/o.Kuppanna Gounder 10/1-1 Marudamalai Main Road, Kalveerampalayam, Coimbatore-641 046. 5. Mrs.Jayanthi Kannaiyyan W/o.Dr.Kannaiyyan No.3-d, Collector Bungalow Street, Ramakrishna Nagar, Kavundampalayam, Coimbatore 641 030 6. Dr.Kannaiyyan (died) DIED 7. S.A.Thangavelu S/o.Aruchamy, 312, Mettupalayam Road, Sai Baba Kovil, Coimbatore - 641 043. SA NO. 817 of 2008 1. S.Kuppuraj S/o.Sadaiyappa Gounder, 164-c, Balasubramanian Road, State Bank Colony, K.K.Pudur, Coimbatore-641 011. https://www.mhc.tn.gov.in/judis 2. No.4 Veerapandi Two Panchayat Rep. By Its Executive Officer, No.4, Veerapandi Town Panchayat, Veerapandi, Coimbatore-19. 3. Mrs.Kaliammal W/o Kaliappa Gounder, Marudamalai Main Road, Kalveerampalayam, Coimbatore 641 046 4. K.Duraiswamy S/o.Kuppanna Gounder, 10/1-1 Marudamalai Main Road, Kalveerampalayam, Coimbatore-46. 5. Mrs.Jayanthi Kannaiyyan W/o.Dr.Kannaiyyan, No.3-d, Collector Bungalow Street, Ramakrishna Nagar, Kavundampalayam, Coimbatore-30. 6. Dr,kannaiyyan (died) No.3-d, Collector Bungalow Street, Ramakrishna Nagar, Kavundampalayam, Coimbatore-30. https://www.mhc.tn.gov.in/judis S.S.SUNDAR, J. AP CMP.No.11190/2021 IN SA.No.817/2008 04.02.2025 https://www.mhc.tn.gov.in/judis