S D SAMIULLA Vs. K L NARAYANA

JUDGEMENT

(1.) The petitioners who are third parties to O.S. No. 172 of 2002 on the file of the learned Additional Senior Civil Judge, Chittoor, filed by respondent No. 1 for specific performance of agreement of sale against the original defendant No. 1, in whose place respondent Nos. 2 and 3 herein-his legal representatives were brought on record as defendant Nos. 2 and 3, filed I.A. No. 457 of 2010 seeking their impleadment as defendant Nos. 4 to 6.

(2.) The petitioners pleaded that they have purchased the suit schedule property under a registered sale deed, dated 23.07.2007, from one N. Srinivasa Raju, to whom defendant No. 2 was stated to have sold the property during the pendency of the suit. The Court below has rejected their application for impleadment on the ground that the petitioners who purchased the property during the pendency of the suit filed for specific performance of agreement of sale are not entitled to come on record as the transaction is hit by the doctrine of lis pendens.

(3.) At the hearing, Sri K.B.Ramanna Dora, learned counsel for the petitioners, placed reliance on the judgment of this Court in Pallapu Mohanarao (died) by LRs v. Thammisetty Subba Rao, 2011 6 ALD 324, to buttress his submission that the petitioners who are the subsequent purchasers are entitled to come on record.