VASAVI KANYAKA SEVA TRUST Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) These two revisions are filed against the orders allowing the applications seeking to implead the respondent No. 3 in I.A. No. 1030 of 1999 and also the main suit O.S.No. 348 of 1999 on the file of Principal Junior Civil Judge, North & East, Ranga Reddy District.

(2.) In support of the applications, it was claimed that the respondent No. 3 herein is a welfare association in respect of the area which covers the subject matter of the suit and it was further alleged that the claim of the plaintiff-petitioner, a trust, is not valid and even the claim of the defendants on the basis of the allotment is not correct. Since the respondent No. 3 has taken up the welfare projects like drinking water scheme etc., it is a proper and also a necessary party to the suit.

(3.) The said orders were sought to be attacked on the main ground that the suit being one for simpliciter injunction, no application for impleading third parties is permissible as any decree therein would not bind them and further it is always open for the proposed parties to establish their claim by filing a separate suit. Reliance was placed on the judgment of this Court in K. Gangi Reddy vs. Kukkuteswara Swamy Temple and also the unreported judgments in C.R,P.No. 2411 of 1988 and C.R.P. No. 1020 of 1993.