Smt. Achini Rajitha v. Dandu Laxmaiah

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER CI VI L REVI SI ON PETI TI ON No.1 7 1 4 of 2 0 1 9 ORDER:

This Civil Revision Petition, under Article 227 of the Constitution of India, is filed aggrieved by the order, dated 02.05.2019, passed in I.A.No.14 of 2019 in O.S.No.111 of 2017 by the Junior Civil Judge, Narsapur, Medak District, wherein the petition filed under Order 1 Rule 10 read with 151 of the Code of Civil Procedure, 1908, to implead Sri Dandu Mallaiah S/ o late Shankaraiah in the aforesaid suit as defendant No.2, was dismissed.

2.

Heard the learned counsel for the revision petitioner/ plaintiff and perused the record. No representation on behalf of the respondents.

3.

In the course of submissions, it is brought to the notice of this Court that the 2nd respondent herein/ proposed defendant No.2 purchased part of subject property from the 1st respondent/ defendant by way of registered Sale Deed vide document No.2477/ 17, dated 31.05.2017.

4.

It appears from the record that the 2nd respondent/ proposed defendant No.2 has substantial interest in the subject matter of the suit. Therefore, the 2nd respondent/ proposed defendant No.2 is a necessary party for determination of the issues famed in the subject suit in O.S.No.111 of 2017.

5.

Under these circumstances, the Civil Revision Petition is allowed setting aside the impugned order, dated 02.05.2019 passed in I.A.No.14 of 2019 in O.S.No.111 of 2017 by the Junior Civil Judge, Narsapur, Medak District. Consequently, I.A.No.14 of 2019 stands allowed as prayed for.

Miscellaneous petitions, if any, pending in this revision petition shall stand closed. There shall be no order as to costs. ______________________ Dr . SHAMEEM AKTHER, J 3 r d Decem ber , 2 0 1 9 YVL

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER CI VI L REVI SI ON PETI TI ON No.1 7 1 4 of 2 0 1 9 Dat e:0 3 .1 2 .2 0 1 9 YVL