P. Sambasiva Rao, v. Talluri Ravichand

HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN Civil Revision Petition No.2992 of 2017 ORDER:

Aggrieved by the dismissal of his application for impleadment in a suit for injunction filed by the 1st respondent against the other two respondents, a third party to the suit has come up with the above revision.

2. Heard N. Subba Rao, learned counsel for the petitioner.

3. Admittedly, the suit was filed by the 1st respondent as against respondents 2 and 3 only for a bare injunction. The petitioner herein is a third party, who claims independent title to the suit property. Therefore, merely on the ground that the respondents 1 to 3 are in collusion with each other, the petitioner cannot jump into fray. If the petitioner has a separate cause of action as against any or of all the respondents, he must institute a separate suit and not get impleaded in the existing suit.

Therefore, the Civil Revision Petition is dismissed. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.

________________________ V. RAMASUBRAMANIAN, J Date: 13-10-2017 Ksn