N. RADHA Vs. G. VENKATASWAMY

JUDGEMENT

(1.) This petition is directed against the impugned order dtd. 30/3/2023 passed on I.A.No.42 in O.S.No.3234/1987 on the file of the XVIII City Civil Judge, Bengaluru City (for short, 'the trial Court') whereby, the said application filed by the petitioners-defendant Nos.7(a) to 7(c) under Order I Rule 10(2) of the Code of civil Procedure, 1908 seeking impleadment of one Narayan .M as additional defendant No.12 in the suit was rejected by the trial Court.

(2.) Heard learned counsel for the parties and perused the material on record.

(3.) The material on record discloses that the respondent No.1-plaintiff No.3 along with the plaintiff Nos.1 and 2 (since deceased) instituted the aforesaid suit for declaration, partition and separate possession of their alleged share in the suit schedule immovable properties and for other reliefs. In the said suit, the suit schedule properties comprised of three Items situated across Sy.No.55/2B (measuring 1 acre), Sy.No.58/A (measuring 0.30 guntas) and Sy.No.91/2 (measuring 0.10 guntas). During the pendency of the suit, the petitioners-defendant No.7(a) and 7(b), who are contesting the suit filed the instant application seeking impleadment of one Narayan .M as additional defendant No.12 on the ground that the respondent No.1-plaintiff No.3 had executed the registered sale deed dtd. 26/6/2003 alienating 2.5 guntas in Item No.3 bearing Sy.No.91/2 in favour of the said purchaser and consequently, the said purchaser was to be added/impleaded as additional defendant No.12 in the suit. The said application having been opposed by the respondent No.1-plaintiff No.3, the trial Court proceeded to pass the impugned order rejecting I.A.No.42, aggrieved by which, the petitioners are before this Court by way of the present petition.