S. Ravikiran v. Pannalal

THE HON'BLE SRI JUSTICE SANJAY KUMAR CIVIL REVISION PETITION NO.4200 OF 2016

O R D E R

The petitioners filed an implead petition under Order 1 Rule 10(2) CPC in I.A.No.163 of 2016 in O.S.No.444 of 1999 on the file of the learned I Additional Junior Civil Judge, Ranga Reddy District at L.B.Nagar. By order dated 06.05.2016, the trial Court dismissed the said I.A. Aggrieved thereby, they are in revision before this Court under Article 227 of the Constitution.

The 1st respondent/the sole plaintiff in the suit is stated to have expired on 01.01.2011.

It is the case of the petitioners that they purchased an extent of Ac.0.28 guntas in Survey No.224, Madinaguda Village, Hafizpet Gram Panchayat, Serlingampally Mandal, Ranga Reddy District, under a registered sale deed bearing document No.23702 of 2006 dated 25.11.2006 from the plaintiff. They also claim that they purchased an extent of 250 square metres in Survey No.224, Madinaguda Village, Hafizpet Gram Panchayat, Serlingampally Mandal, Ranga Reddy District, under a registered sale deed bearing document No.1887 of 2015 from one Farooq-e-Lasania represented by his General Power of Attorney, Mohd. Saleem Khan. This land is also traceable to the sole plaintiff, Pannalal. It is on the strength of these transactions, the petitioners sought to be impleaded in the suit filed by the 1st respondent/sole plaintiff for a perpetual injunction against the municipal authorities and one welfare association, the 3rd respondednt/2nd defendant.

As the petitioners claim title to the subject property, this Court sees no reason as to why they should step into the shoes of the sole

plaintiff who is stated to have expired. If they apprehend any threat to their claimed title and possession, it is for them to take recourse to available remedies in law. This Court therefore finds no irregularity in the order under revision.

The Civil Revision Petition is accordingly dismissed leaving it open to the petitioners to independently work out their remedies in accordance with law. Pending miscellaneous petition shall also stand dismissed in the light of this final order. No order as to costs. ______________________ SANJAY KUMAR, J 25th NOVEMBER, 2016 PGS