Paladugu Atchamma v. Devireddy Phanindra

THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No.1662 OF 2015 ORDER:- The Civil Revision Petition is directed against the order, dated 12.3.2015, in un-numbered I.A. of 2015 in O.S.No.485 of 1999 on the file of the Principal Junior Civil Judge, Tenali, whereunder and whereby, petition filed by the petitioners herein, under Order I Rule 10 of the Code of Civil Procedure, 1908 (for short, "C.P.C."), seeking to implead themselves as respondent Nos.3 to 6 to the final decree proceedings in I.A.No.194 of 2011 in O.S.No.485 of 1999, was rejected.

2. Respondent Nos.1 and 2 herein/plaintiffs filed the aforementioned suit for partition of the plaint schedule properties. In the said suit, preliminary decree was passed on 28.6.2002. Later, the plaintiffs filed petition in I.A.No.194 of 2011 for passing final decree wherein this Court has appointed an Advocate Commissioner to implement the preliminary decree.

Accordingly, the Advocate Commissioner filed his report. At that juncture, the parties to the final decree petition entered into compromise and at their behest, the matter was referred to Lok Adalat Bench on 19.7.2014 and pursuant to the terms agreed upon by either parties, an award was passed by the Lok Adalat Bench on the same day.

Accordingly, the final decree proceedings were closed. Subsequent to the passing of the Award by Lok Adalat in final decree proceedings, the petitioners herein filed unnumbered I.A. of 2015 in O.S.No.485 of 1999 seeking to implead themselves as respondent Nos.3 to 6 to the final decree proceedings and the same was rejected. Challenging the same, the petitioners filed the present Civil Revision Petition.

3. Heard the learned counsel for the petitioners.

4. Admittedly, by the time of passing the impugned order, the final decree proceedings in I.A.No.194 of 2011 in O.S.No.485 of 1999 were not pending. The learned Judge rightly rejected the application filed by the petitioners, which was filed under Order I Rule 10 C.P.C., seeking to implead them as respondent Nos.3 to 6 in the final decree proceedings. Therefore, there are no grounds to set aside the impugned order and the Revision Petition is liable to be dismissed.

5. Accordingly, 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. ______________________ JUSTICE K.C.BHANU Date: 24.4.2015 AMD THE HON'BLE SRI JUSTICE K.C.BHANU

CIVIL REVISION PETITION No.1662 OF 2015 DATE: 24.4.2015 AMD