K.YOGENDER REDDY Vs. K.USHA RANI

JUDGEMENT

(1.) THIS Civil Revision Petition arises out of Order, dated 31.07.2013, in IA.No.100 of 2013 in OS.No.308 of 2006, on the file of the Court of the learned IV Additional District Judge, Ranga Reddy District (for short the lower Court), whereby the application, filed by the petitioners for impleadment of respondent Nos.2 and 3 herein as defendant Nos.2 and 3 in the suit, was dismissed.

(2.) THE petitioners have filed the abovementioned suit (i) for declaration of their title in respect of plot No.112 admeasuring 1111 square yards in Survey No.13 of Khanamet Village, Serilingampalli Municipality, Ranga Reddy District (for short the suit schedule property); (ii) for ejection of respondent No.1 from the suit schedule property; (iii) for putting the petitioners in possession of the suit schedule property; and (iv) for grant of perpetual injunction restraining respondent No.1 from interfering with their possession of the suit schedule property. The petitioners also sought for a decree for damages for illegal use and occupation of the suit schedule property by respondent No.1.

(3.) IT is the case of the petitioners that pending the suit, the lower Court has granted ad interim injunction restraining respondent No.1 from alienating the suit schedule property. The petitioners filed IA.No.100 of 2003 under Order I Rule 10 of the Code of Civil Procedure, 1908 (for short the CPC) with the allegation that despite subsistence of the said order of injunction, respondent No.1 has executed a registered sale deed in favour of respondent No.2 represented by respondent No.3, conveying certain extent of land in Survey No.13, which includes the suit schedule property. The petitioners have, therefore, sought for impleadment of respondent Nos.2 and 3 in the suit.