Smt. Paladugu Manmadamba, v. Smt.Gudavalli Vijaya Lakshmi , Gutta Vijaya Lakshmi,
HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN Civil Revision Petition No.3558 of 2017 ORDER:
The petitioner, who is the plaintiff in a suit for partition, has come up with the above revision, challenging an order passed by the trial Court allowing an application filed by the 1st respondent herein for impleading herself as the 3rd defendant in a suit.
2. Heard Mr. C. Vijaya Kumar, learned counsel for the petitioner.
3. The petitioner filed a suit for partition and separate possession of his 1/3rd share in suit A and B schedule properties. The petitioner impleaded only the respondents 2 and 3 herein as parties to the suit.
4. During the pendency of the suit, the 1st respondent herein filed an application for impleadment on the ground that she is the daughter of a pre-deceased brother of the plaintiff and the defendants. The said application was allowed by the trial Court and rightly so.
5. There is no denial of the fact that the plaintiff and the defendants are the sons of one Gutta Ramakrishnaiah. The 1st respondent herein claimed to be the daughter of one of the predeceased sons of Ramakrishnaiah. Therefore, she is a necessary and property party to the suit and her impleadment cannot be questioned. Hence, the Civil Revision Petition is dismissed. No costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
________________________ V. RAMASUBRAMANIAN, J Date: 27-10-2017 Ksn