M/S. Mantri Developers Private Limited, v. Mr. Gadipalli Vijaya Raju

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER Civil Revision Pet it ion No.1 9 0 0 of 2 0 1 9 ORDER:

This Civil Revision Petition, under Article 227 of the Constitution of India, is filed by the petitioner/ defendant No.2, challenging the order, dated 09.11.2018, passed in I.A.No.757 of 2017 in O.S.No.658 of 2011 by the I Additional District Judge, Ranga Reddy District at L.B.Nagar, whereby, the petition filed by the respondent No.1 herein/ plaintiff under Order I Rule 10 of CPC to implead the respondent No.4 herein/ proposed defendant No.4 as defendant No.4 in the subject suit, was allowed.

2 .

Heard the learned counsel for the revision petitioner/ defendant No.2 and perused the record. 3 .

It is evident from the record that the disputed Flat No.605 F is said to have been alienated in favour of the respondent No.4 herein/ proposed defendant No.4. The subject interlocutory application was filed to implead the said proposed party as defendant No.4 in the subject suit. The Court below, while dealing with the subject matter, recorded a finding that the proposed party is a necessary party for just adjudication of the subject suit filed for specific performance of contract. This Court is in agreement with the findings recorded by the Court below in the impugned order. The Court below is justified in passing the impugned order. There

is no legal infirmity in the order under challenge. The Civil Revision Petition is devoid of merit and is liable to be dismissed.

4 .

In the result, the Civil Revision Petition is dismissed. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this Civil Revision Petition, shall stand closed.

______________________ Dr . SHAMEEM AKTHER, J 03rd January, 2020 Bvv