Lakkireddy Subbamma, v. Yarava Savitri,

HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO C.R.P.No.1934 of 2017

ORDER

Heard learned counsel for the petitioner.

This Civil Revision Petition is directed against the order dated 02.02.2017 in I.A.No.801 of 2016 in O.S.No.187 of 2011 passed by the Junior Civil Judge, Kanigiri.

The petitioner is the 1st defendant in O.S.No.187 of 2011 on the file of the Junior Civil Judge, Kanigiri. The said suit was filed for specific performance of the agreement of sale dated 07.04.1995. In the said suit, the petitioner and other defendants filed I.A.No.801 of 2016 seeking impleadment of the Executive Officer/Panchayath Secretary, Major Gram Panchayath, Pamur Mandal, Prakasam District, on the ground that the plaintiff is prevailing upon the proposed party for mutation of the records and the proposed party is yielding to his request.

A counter-affidavit is filed by the respondent-plaintiff stating that pursuant to the delivery effected under the agreement, he continued in possession of the property and on his application, his name was mutated in the records and when the matter is coming up for his cross-examination, the present civil revision petition was filed only to drag on the proceedings.

The trial Court dismissed the application vide order dated 2.2.2017 on the ground that the proposed 2nd respondent is not a necessary party. In a suit for specific performance, the Executive Officer, who mutated the records, cannot be called as necessary party to the suit and any action by the authority is subject to the decree to be passed in the suit. Hence, the order of the trial Court is upheld and the Civil Revision Petition is dismissed. No costs. Miscellaneous petitions, if any, pending shall stand closed.

____________________________________ JUSTICE A.RAMALINGESWARA RAO 23rd June, 2017 rkk