MATTA @ PALINA BHAVANI Vs. MATTA TULASI RAO

JUDGEMENT

(1.) THIS revision, under Article 227 of the Constitution of India, is filed against the order dated 24.06.2013 passed by the Court of the I Additional District Judge, Srikakulam dismissing I.A.No.31 of 2013 in O.S.No.14 of 2011 filed by the third parties/petitioners herein under the provisions of Order I Rule 10(2) of Code of Civil Procedure (hereinafter called as Code).

(2.) HEARD Sri A.Rama Rao, learned counsel for the petitioners, Sri K.S.Gopalakrishnan, learned counsel for respondent No.1 and Sri K.B.Ramanna Dora, learned counsel for respondent Nos.2 to 4 apart from perusing the material available on record.

(3.) IT is contended by the learned counsel for the petitioners that the order under revision is erroneous and contrary to law and that the petitioners herein are proper and necessary parties to the suit and that the petitioners are the absolute owners and possessors of the suit property and that the same would be evident from the revenue records such as pattadar passbooks, title deeds and adangals etc. The learned counsel further contends that respondent Nos.2 to 4 herein filed O.S.No.157 of 2009 for permanent injunction wherein they filed I.A.No.306 of 2009 for temporary injunction and that the same was dismissed observing that the petitioners herein are in possession and enjoyment of the subject property. It is further contended by the learned counsel for the petitioners that respondent Nos.2 to 4 herein have colluded with respondent No.1 herein, which resulted in filing of the present suit and that in order to protect their interest in the property, the presence of the petitioners herein in the present suit is very much necessary. In support of his submissions and contentions, the learned counsel for the petitioners places reliance on the judgments in Y.Venkata Reddy and others v. A.P.State Wakf Board, rep. by its Chief Executive Officer, Hyderabad and others , Basant Kumar Soni v. Mukund Das Soni and others and Racharla Thirupathi and others v. Gundala Shobha Rani and others .