High CourtsSingle Bench(2006) 12 AP CK 0047

Kona Venkata Siva Surya Chandra Sekhar and Another vs Bonda Venkunaidu and Others

Andhra Pradesh High Court · Decided on 22 December 2006 · Citation: (2007) 3 ALD 108 : (2007) 2 ALT 469

HON’BLE JUDGES
B. Prakash Rao, J
RESULT
Dismissed
CASE NUMBER
Civil Revision Petition 3876 of 2006

AI Structured Summary

Not yet generated for this judgment

Judgment

5 paragraphs · 315 words

B. Prakash Rao, J.—Heard both the sides and at their request, the Revision itself is taken up for disposal at the admission stage.

2.

The petitioners herein, who are the plaintiffs in the Court below, seek to assail the Order 10-7-2006 in I.A. No. 434 of 2005 in O.S.No.78 of 2004 on the file of the Principal Senior Civil Judge, Anakapalle allowing the application purported to have been filed under Order 1 Rule 10 of the CPC seeking to implead the respondent 1 to 6 herein as defendants 4 to 9 in the main suit.

3.

It has been pointed out on behalf of the petitioners to the effect that the main suit is filed for specific performance of an agreement of sale in respect of an immovable property and the proposed parties are in no way connected to the suit agreement and they are third parties thereto, hence they cannot be added as defendants in the main suit.

4.

Considering the submission made on either side and on perusal of the material available on record, it is seen that even though the proposed parties are not connected to the suit agreement, the property in dispute is one and the same. Hence, the Court below is right in allowing the present application to have proper look in deciding all the issues in respect of the property in question and to avoid multiplicity of litigation. Admittedly the other suits are also pending in respect of the same property which can be properly clubbed together with the present suit and disposed of the same by a common judgment to avoid conflicting decisions. Hence, I do not find any merits in the above Revision.

5.

The Civil Revision Petition is accordingly dismissed. The Court below is directed to club all the suits pending in respect of the same property and dispose of the same by a common judgment.