BANKA KANAKA RAO Vs. KANDREGULA SANJEEV KUMA

JUDGEMENT

(1.) The petitioner filed O.S.No.154 of 2008 in the Court of VII Additional District Judge (Fast Track Court), Visakhapatnam against the respondents herein for the relief of specific performance of an agreement of sale, dated 16.03.2005 and perpetual injunction. While the relief of specific performance is claimed against respondents 1 to 6 herein, respondents 7 to 15 were added in the context of relief of perpetual injunction. Among them, the 15th respondent filed a written statement and the same was adopted by respondents 7 to14.

(2.) Defendants 9 and 10 i.e., respondents 1 and 2 herein filed I.A.No.1034 of 2011 under Order 8 Rule 9 C.P.C. with a prayer to permit them to file an additional written statement. It was stated that the counsel, who was engaged by them, has filed the memo, adopting the written statement filed by the 15th respondent without their knowledge and that on realizing the same, they have engaged another Advocate and as per his advice, they wanted to file additional written statement. The petitioner opposed the application by filing counter. The trial Court allowed the I.A. through order, dated 19.01.2012. Hence, this civil revision petition.

(3.) Heard Sri M.Karuna Sagar, learned counsel for the petitioner and Smt. Anjana Devi, learned counsel for respondents 1 and 2.