SHIVALINGAMMA Vs. MANCHAPPA M.

JUDGEMENT

(1.) The petitioners are before this Court seeking for the following reliefs:

(2.) O.S. No.360/2008 had been filed by respondent No.2 herein seeking for specific performance of an agreement of sale said to have been executed by respondent No.1 in favour of respondent No.2 on 17/6/2005. While suit was pending, the petitioners herein filed an application under Order 1 Rule 10(2) of CPC to be brought on record as additional defendants on the ground that the property, which is subject matter of agreement of sale dtd. 17/6/2005 is not an exclusive property of respondent No.1, but belongs to the petitioners and respondent No.1 it being a joint family member. The said application came to be objected to by plaintiff therein who is respondent No.2 herein. After considering the matter, the trial Court dismissed the application on the ground that there is no relief which had been claimed against the impleading applicants, the issue as regards the joint family property or otherwise is not relevant for deciding the suit for specific performance. It is aggrieved by the same, the petitioners are before this Court.

(3.) Sri.Sridhar.A.G, learned counsel for the petitioners would submit that under the guise of agreement of sale and the suit, the property of the petitioners would get affected inasmuch as the same is the subject matter of agreement of sale and suit for specific performance. Therefore, he submits that the petitioners ought to have been allowed to come on record and contest the suit.