JAGARLAMUDI PADMAVATHI Vs. RAVIM RAMANAIAH

JUDGEMENT

(1.) In a suit for permanent injunction, a petition was filed to bring on record the legal representatives of the defendant No.3, who died prior to filing of the suit. Thus, this Civil Revision Petition is filed under Article 227 of the Constitution of India, against the order and decree dtd. 21/12/2017 in I.A.No.2 of 2017 in O.S.No.124 of 2016, on the file of the Senior Civil Judge, Parchur, by which allowed the petition under Order 22, Rule 4 of CPC r/w Sec. 151 of CPC, to add respondent Nos.5 to 7 therein as defendants 5 to 7, being legal representatives of deceased respondent/defendant No.3 and to amend the plaint.

(2.) The contention of the petitioners/plaintiffs in the petition is that the plaintiffs purchased the suit schedule property in a Court auction conducted in E.P.No.16/1999 in O.S.No.62/1989 and that the defendants were interfering with their peaceful possession and enjoyment and thus they filed suit unaware of the death of defendant No.3 and later, basing on the endorsement on the summons and notices of the Court, the plaintiffs came to know about the death of defendant No.3 and thus the present petition was filed to bring the legal representatives of deceased defendant No.3.

(3.) The petition was opposed by filing counters by respondent Nos.5 to 7, who are the proposed parties, stating that the plaintiffs have approached the Court with unclean hands and that since the suit is for permanent injunction, the petitioners should be aware of who is interfering with the possession and enjoyment and thus they filed a false case against these respondents with an intention to harass them and the petition is liable to be dismissed. It is further contended that the petitioners are not aware of the parties and thus surname was wrongly mentioned. It is also stated that they are not necessary parties, though they are the legal heirs of the deceased defendant/respondent No.3. It is further contended that the relief claimed in the present Revision Petition arises only when defendant No.3 dies pending the suit, but not when the death occurred before the institution of the suit.