Rahumathulla v. P.Kasali

Order

(1) The present petition is filed by the petitioner seeking leave to prefer the First Appeal against the judgment and decree dated 28.07.2023, made in OS.No.20/2009, passed by the learned Additional District Judge, Chengalpattu.

(2) The petitioner is a purchaser of the suit Plot Nos.15 and 16, in Sri Lakshmi Nagar, comprised in S.No.282/1A, Patta No.1404, at No.1, Anakaputhur Village, Tambaram Taluk, Kancheepuram District, pending Page4 of 6 suit for specific performance filed by the 1st respondent herein, against the respondents 2 to 4.

(3) The petitioner was not a party to the suit and was not informed by the respondents at the time of sale in his favour. The petitioner being aggrieved by the impugned judgment, has preferred the present First Appeal as a third party and sought leave to file the appeal.

(4) In view of the aforesaid circumstances and considering that the petitioner is pendent lit and is directly affected by the decree, insofar as the petitioner's property in Plot Nos.15 and 16, and following the judgment of the Hon'ble Supreme Court in H.Anjanappa Vs. A.Prabakar [2025 SCC OnLine SC 183], this Court is inclined to grant leave to the petitioner to prefer the First Appeal.

(5) Accordingly, the petition is ordered and leave is granted. 11-03-2026 AP Internet: Yes To Page5 of 6 Ponneri,Thiruvallur District. CMPoNo.o6864oofo2026 N.MALAoJ. AP CMPoNo.o6864oofo2026 AND ASoSRoNO.o32237oOFo2026 11-03-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11-03-2026 CORAM THE HON'BLE MRS.JUSTICE N. MALA AND AS SR NO. 32237 OF 2026,CMP NO. 6865 OF 2026 Rahumathulla S/o. Mohamed Ibrahim, Rep by his power agent Mohamed Ibrahim, Res. at 13/7, Thandavamoorthy Street, Seven Wells, Chennai - 001. ..Appellant(s) Vs Page2 of 6 ..Respondent(s) AS SR No. 32237 of 2026 Rahumathulla ..Appellant(s) Vs P.Kasali ..Respondent(s) CMP No. 6865 of 2026 Rahumathulla S/o. Mohamed Ibrahim, Rep by his power agent Mohamed Ibrahim, Res. at 13/7, Thandavamoorthy Street, Seven Wells, Chennai - 001. ..Appellant(s) Vs Page3 of 6 ..Respondent(s) To grant leave to the petitioner to file the First Appeal against the Judgment of Decree order dated 28.07.2023 in OS No.20 of 2009 passed by the learned Additional District Judge, Chengalpattu. CMP No. 6865 of 2026 To recognize the power of attorney dated 08.12.2025 registered as Doc. No.46 of 2025 executed by the Appellant/3rd party for the purpose of filing the present appeal against the Judgment of decree order 28.07.2023 in OS No.20 of 2009 passed by the learned Additional District Judge Chengalpattu. For Appellant(s): S.Anisha K. Roopesh Deekshitha Dinesh Noel Pio Valavan For Respondent(s):