RUKYA BEE Vs. SYED AFZAL

JUDGEMENT

(1.) The plaintiffs in O.S.No. 170 of 1991, on the file of the Junior Civil Judge, Zaheerabad, are the petitioners herein. They challenge the order dated 11-10-2004 passed by the trial Court, impleading the first petitioner (sic. respondent) herein as one of the parties to the suit.

(2.) The suit was filed by the petitioners herein for the relief of partition and separate possession of the suit schedule property against the respondents 2 to 5 herein, the defendants. A preliminary decree was passed on 19-7-1995, directing that the petitioners on the one hand, and the respondents 2 to 5 on the other hand, shall be entitled to two equal shares in the suit schedule property. The respondents 2 to 5 herein filed A.S. No. 32 of 1995, in the Court of District Judge, Medak at Sanaareddy, and it was dismissed on 25-8-2000. Aggrieved by the same, the respondents 2 to 5 filed S.A.No. 129 of 2001, and it was also dismissed by this Court on 8-2-2002 Thereafter, the petitioners filed i.A.No. 43 of 2003, in the trial Court, praying for final decree.

(3.) At that stage, the first respondent filed I.A.No. 59 of 2004, under Order 1 Rule 10 C.P.C., with a prayer to implead him as one of the parties to the final decree proceedings. According to him, he purchased the entire suit schedule property from respondents 2 to 5. through a sale deed dated 20-8-1991, and that the suit was filed in collusion with his vendors, only with a view to defeat his rights. The application was resisted by the petitioners. On a consideration of the rival contentions, the trial Court allowed the I.A.