BODA SURYANARAYANA MURTHY Vs. SATISH BODA

JUDGEMENT

(1.) Petitioners being defendants No.1 to 4 in a suit for partition filed by the contesting respondents in O.S.No.53/2014 are invoking the writ jurisdiction of this Court for assailing the order dated 20.8.2018 whereby the respondents-plaintiffs' application in I.A.No.5 filed under Order I Rule 10 of CPC, 1908, for their impleadment as defendants 9 to 17 has been favoured. After service of notice, respondents 1 & 2 having entered appearance through their counsel, oppose the writ petitions.

(2.) Learned counsel for the petitioners vehemently contends, that the impugned order suffers from an error apparent on its face inasmuch as the business concerns which allegedly are represented by petitioners and other impleaded respondents are already a part of the suit claim and therefore, their impleadment as defendants to the suit is like putting fifth wheel to the coach; he further submits that the said application is filed by the respondents- plaintiffs only to drag on the suit proceedings so that these petitioners and other defendants are put to harassment. So arguing, he seeks allowing of the writ petitions.

(3.) The learned counsel representing respondents No.1 and 2-plainiffs in the suit resisted the writ petitions contending that the petitioners are estopped from laying challenge to the impugned order inasmuch as they have accepted the cost awarded by the Court below; the impleadment even otherwise also, would not prejudice the petitioners' herein in any way and that the trial Court after exercising its discretion has permitted impleadment which cannot be faulted.