Piriya Suramma v. Bendalam Vijaya Kumari

THE HON'BLE SRI JUSTI CE M.S.K.JAI SWAL C.R.P. NO. 4943 OF 2016 ORDER :

This revision is filed under Article 227 of Constitution of India, by the petitioners/defendants 2 and 7 in O.S.No.100 of 2006 on the file of the Senior Civil Judge at Sompeta, Srikakulam District, challenging the order and decree, dated 15-03-2016 in I.A.No.397 of 2014 in O.S.No.100 of 2006.

2.

The 1st respondent-plaintiff filed the suit for partition. During the course of trial, the plaintiff filed an application in I.A.No.397 of 2014 to implead one, Bendalam Ramesh as 14th defendant on the ground that during the course of evidence it has come to his notice that he is the person who purchased the property which is subject matter of suit for partition, therefore, he is necessary and proper party. This application was resisted by the defendants on the ground that proposed party is neither necessary nor proper party to the proceedings and that the same has been filed only with an intention to protract the litigation which is already pending for the last ten years.

3.

Heard the learned counsel for the petitioners and the learned counsel for respondents and perused the material available on record.

4.

It is not in dispute that suit is for partition and one of the schedule item is said to have been sold by the existing defendant to the

proposed defendant, therefore, the presence of the proposed party is necessary for effective adjudication of the controversy. The court below has taken correct view of the matter. There are no merits in the revision. 5.

Accordingly, the Civil Revision Petition is dismissed. However, the trial Court is directed to dispose of the main suit as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of the order. There shall be no order as to costs.

Pending miscellaneous petitions, if any, shall stand closed. ______________________ M.S.K.JAI SWAL, J Dated: 23.01.2017 skmr