LAWS(APH)-2023-12-39

MARAM DATTU Vs. MANEPALLI MOHAN RAO

Decided On December 19, 2023
Maram Dattu Appellant
V/S
Manepalli Mohan Rao Respondents

JUDGEMENT

(1.) The Civil Revision Petition has been filed aggrieved by the Order dtd. 6/9/2022 in I.A.No.779 of 2019 in O.S.No.13 of 2014 on the file of the X Additional District Judge, West Godavari at Narsapur, whereby the petition filed by the petitioner, under Order I Rule 10 of the Code of Civil Procedure, 1908 (for short, 'CPC') seeking to implead him as 4th defendant in the aforesaid suit, was dismissed by the Court below.

(2.) The facts, in brief, are as follows. It is the case of the petitioner that he filed Original Suit No.4 of 2014 before the Court below against 3rd respondent herein for recovery of money basing on a promissory note dtd. 1/2/2013. In the said suit, the Court below granted attachment before judgment in respect of the subject property viz. land admeasuring Ac.1.36 cents in Old R.S.No.465/6 & New R.S.No.465/6A situated in 26th Ward, Rustumbada village, Narsapur mandal, West Godavari district. Vide judgment dtd. 28/6/2018, the Court below decreed the suit. Thereafter, he filed E.P.No.7 of 2019 for realization of the decretal amount by way of attachment and sale of the aforesaid property and the same is pending.

(3.) Heard Sri Akula Sri Krishna Sai Bhargav, appearing for Sri P.L.Narasimha Rao, learned counsel for petitioner; Sri P.Rajesh Babu, learned counsel for 1st respondent; Sri Dasari S.V.V.S.V. Prasad, learned counsel for respondents 2 and 3 and Sri Maheshwara Rao Kunchem, learned counsel for 4th respondent.