D N ELUMALAI Vs. M CHINNAIAH

JUDGEMENT

(1.) Heard Sri Jagapathi, learned Counsel representing the revision petitioners, the learned Government Pleader for Land Ceiling, representing R31 to R33 and Sri M.P.Chandra Mouli, learned Counsel representing RIO to R30.

(2.) The civil revision petition is preferred by the revision petitioners-plaintiffs as against an order dated 30-6-2003, made in I.A. No.48 of 2003 in O.S.25 of 2002, on the file of the Senior Civil Judge, Puttur. The petitioners-plaintiffs filed the suit praying for the relief of permanent injunction restraining the defendants, their men, agents and others representing them personally and in a representative capacity on behalf of the entire general public of Kalyanapuram Village, Kalyanapuram S.T. Colony and Aretammagutta from in any way using the plaint schedule property as burial ground by interfering with the plaintiffs peaceful possession and enjoyment of the plaint schedule property. It is also brought to my notice that originally the suit was instituted as against Defendants 1 to 9 only and subsequent thereto since the other parties- Defendants 10 to 30 entertained a doubt that the matter may not be represented properly and inasmuch as there is likelihood of collusion, they moved an application I.A. No.395 of 2002, and the said defendants were added as parties by order dated 26-9-2002. The revision petitioners- petitioners-plaintiffs moved the application in 1.A.48 of 2003 in O.S.25 of 2002 on the file of Senior Civil Judge, Puttur under Order 1 Rule 10, read with Section 151 of the Code of Civil Procedure praying the Court to permit the petitioners to bring on record as proposed parties-Defendants 31 to 33 viz., the Government of Andhra Pradesh represented by District Collector, Chittoor, the Revenue Divisional Officer, Chittoor and the Mandal Revenue Officer, Puttur on the ground that they are necessary parties to be on record for the purpose of proper and effective adjudication of the matters in controversy. The learned Senior Civil Judge, Puttur by order dated 30-6-2003 had dismissed the said application and aggrieved by the same, the present civil revision petition is preferred.

(3.) Sri Jagapathi, the learned Counsel representing the petitioners made the following submissions: