Abdul Rasheed v. Syed Saleem Ahmed

HON'BLE SRI JUSTICE R.SUBHASH REDDY CIVIL REVISION PETITION No.2436 of 2015 ORDER :

This Civil Revision Petition, under Section 115 of C.P.C., is filed by the petitioner/third party, aggrieved by the order and decree dated 20.04.2015 in E.A.No.29 of 2014 in E.P.No.51 of 2014 passed by the XXV Additional Chief Judge, City Civil Court, Hyderabad, dismissing the application filed by him under Section 151 of C.P.C., seeking to bring on record one Sri Syed Qaiser as the legal representative of Syed Saleem Ahmed in the main E.P.

2. Heard learned counsel for the parties and perused the impugned order and the material on record.

3. In view of the orders passed today i.e., on 10.07.2015 in C.R.P.No.2420 of 2015, dismissing the revision filed by the petitioner thereby confirming orders dated 20.4.2015 passed by the Court below in E.A.No.27 of 2014 in E.P.No.51 of 2014, rejecting the application of the petitioner, who is a third party, seeking to come on record in place of the original decree holder to pursue the execution proceedings in E.P.No.51 of 2014, as rightly observed by the Court below, when the petitioner himself is not permitted to come on record to contest the execution proceedings, he cannot seek for impleadment of some other third party i.e., Sri Syed Qaiser as the legal

representative of Syed Saleem Ahmed in the main E.P.

4. Accordingly, this civil revision petition is dismissed, at the admission stage. As a sequel, miscellaneous petitions pending, if any, shall stand closed. No order as to costs.

____________________________ JUSTICE R. SUBHASH REDDY 10.07.2015.

Msr HON'BLE SRI JUSTICE R.SUBHASH REDDY CIVIL REVISION PETITION No.2436 of 2015

10.07.2015 Msr