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High Court for State of TelanganaCRP/3639/2024rejected

Kadari Srikanth v. Poreddy Laxmamma

2024-11-29P.Sam Koshy5 pages

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[ 33781

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY, THE TWENTY NINTH DAY OF NOVEMBER . TWO THOUSAND AND TWENW FOUR PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY CIVIL REVISION PETITION NO: 3639 OF 2024 Petition under Article 227 of lhe Constitution of lndia, being aggrieved by the order dated 16.10.2024 passed in 1.A.No.299 of 264 in O.S.No.26 of 2009 on the file of the court of the Additional Junior Civil Judge, Ibrahimpatnam, Ranga Reddy District.

Between:

1. Kadari Srikanth, Son of Jaihind, Aged about 44 years, Occ. Business, resident of H.No.8-17, lbrahimpatnam Village and Mandal, Ranga Reddy District - 501

2. Kunishetty Tulasaiah, Son of K.Mahesh, Aged about 44 years, Occ. Business, Resident of H.No.8-136, lbrahimpatnam Village and Mandal, Ranga Reddy Diskict - 501 506

3. Tuluva Aruna, Wife of Krishna, Aged about 50 years, Occ. Housewife, Resident of H.No.8-45, lbrahimpatnam Village and Mandal, Ranga Reddy District - 501 506.

...Petitioners/ Petitioner Nos. 1 to 3/Proposed Plaintiff Nos. 2 to 4

AND

1. Poreddy Laxmamma, Wife of Yadi Reddy, Aged about 77 years, Occ Household, Resident of H.No.18-3495/6, Aliabad, Hyderabad.

2. Kaki Venu Gopal Mudiraj, Son of Kaki Bhoopal, Aged about 40 years, Occ. Business, Resident of H.No.5-51, Kongarakalan Village, lbrahimpatnam Mandal, Ranga Reddy District 501 506.

3. Thirupathi Sriman Narayana (died),

4. Godudu Padma, Wife of late Narsimha, Aged about 56 years, Occ. Agriculture, Resident of lbrahimpatnam Village and Mandal, Ranga Reddy District.

5. Godugu Subhash Kumar, Son of late Narsimha, Aged about 31 years, Occ. Business, Resident of lbrahimpatnam Vi.llage and Mandal, Ranga Reddy District - 501 506.

6. Thirupathi Vijaya Laxmi, Wife of late Sriman Narayan9.4999 Major' resident - .i H.[o.iZ-1'-13774, Shanthi Nagar, Secunderabad - 500 017'

...Respondents/Respondents Nos' 2 to 6/Defendants

IA NO: 't oF 2024 Petition under section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of "il fr.th", proceedings o.s.No.26 of 2009 pending on the file of Additional Junior Civil Judge, lbrahlmpatnam, Ranga Reddy District, pending disposal of the Civil Revision Petition.

Counsel for the Petitioners : Mr. P. Ravi Shanker Counsel for the ResPondents : ...

The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE P.SAIVI KOSITY C.RP.No.3639 OF 2024 ORDER, Heard Mr. P.Ravi Shanker, Ieamed counsel for the petitioners. Perused the record.

2.

The present is a civil revision petition which has been filed assailing the order dated 16. 10.2024 passed in I.A.No.299 of 2024 in O.S.No.26 of 2009 by the leamed Additional Junior Civil Judge, at Ibrahimpatnam, Ranga Reddy District.

3.

Vide the said impugned order, the trial Court has dismissed the petition filed by the petitioners under Order I Rule l0 (l) CPC seeking for impleadment as plaintilfs 2 to 4 in the main suit. 4.

Perusal of the pleadings and upon hearing the contention of the leamed counsel for the petitioners, it is an admitted fact that the suit was originally filed in the year 2009, whereas the petitioners, who were sought to be impleaded, were the subsequent purchasers, who had purchased the suit schedule property in the year 2016. 5.

Given the said time gap from the date of frling of the suit and the time the property was purchased by the petitioners, this Court is of the considered opinion that need lor impleadment does not arise

I at all, as the doctrine of lis pendens was governing the parties. For the said reasons, this Court does hnd any merit in the civil revision petition.

l 6.

The civil revision petition, accordingly, stands rejected. There shall be no order as to costs Consequently, miscellaneous petitions pending, if an1', shali stand closed.

Sd,. MOHD. ISMAIL ASSISTANT REGISTRAR /ffRUE COPY/'

S ION OFF]CER To, t. The Additional Junior civil Judge, lbrahimpatnam, Ranga Reddy District.

2. One CC to Mr. P. Ravi Shanker, Advocate [OPUC]

3. Two CD CoPies w h Ug i I I i It I II I !

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HIGH COURT DATED:29/1112024 I l.

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ORDER

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CRP.No.3639 ot 2024 C.R.P IS REJECTED 5*Pr.a W Tff1ts rE*6.