N RAMULU Vs. A VENKATESHAM

JUDGEMENT

(1.) These two Civil Revision Petitions arise out of the similar orders dated 18-1-2003 made in I.A. No.299 of 2002 in O.S.No.435 of 1989 and in LA. No. 1266 of 2002 in O.S. No.497 of 1999 on the file of the II Additional Senior Civil Judge, Ranga Reddy District, L.B. Nagar, Hyderabad.

(2.) The petitioners are common in both the Civil Revision Petitions and the contesting respondent, namely, M/s. Praga Tools Officers Co-operative Housing Society is also the common party in both the cases. The petitioners filed Interlocutory Applications under Order 1 Rule 10 read with 151 of CPC to permit them to implead as party defendants in the suit. The said applications were dismissed. Aggrieved, by the same they filed these two Civil Revision Petitions.

(3.) As the facts are common in both the Revision Petitions, it would suffice if the facts in CRP No.690 of 2003 are referred to. The 1st respondent M/s. Praga Tools Officers Co-operative Housing Society filed the suit O.S. No.435 of 1989 against 20 defendants originally and subsequently added another 17 defendants for specific performance of four different Agreements of Sales said to have been entered into on 12-7-1985 for the purchase of the lands in question. When the suit was coming up for further evidence of defendants, the petitioners herein filed the LA. No.299 of 2002 in O.S. No.435 of 1989 to add them as defendants stating that they are the protected tenants and they subsequently became the absolute owners of the land in question and therefore they are proper and necessary parties to the suit and accordingly sought for impleading them as party respondents. One Sri A.Venkatesam also filed a similar suit in O.S. No.497 of 1999 on the file of the II Additional Senior Civil Judge, Ranga Reddy District, L.B. Nagar, Hyderabad, against Syed Iftakar All and M/s.Praga Tools Officers Co-operative Housing Society for specific performance of the agreement of sale dated 23-6-1983 and for permanent injunction in respect of the land admeasuring Ac.5.20 guntas in S.No.36 situated at Old Boinapally, Ranga Reddy District.