RAMESH CHAWALA Vs. N SRIHARI

JUDGEMENT

(1.) This application is filed by third party to appeal suit under Order I Rule 10 read with Section 151 of the Code of Civil Procedure, 1908 (CPC) seeking to implead himself as Respondent No.23 in AS.No.78 of 1994. Before noticing the raiso d'Etre for the application, the background of appeal suit may be noticed as under.

(2.) Respondents 9 to 13 (hereafter called, the plaintiffs) and one another filed O.S. No.456 of 1984 on the file of the Court of Principal Subordinate Judge, Ranga Reddy District, which was later transferred to the Court of District Judge, Ranga Reddy District, and renumbered as O.S.No.9 of 1993, against Respondents 1 to 5 and their mother (hereafter called, the defendants) for partition and separate possession of the suit schedule properties which include agricultural lands and residential houses. The plaintiffs alleged that their paternal grand-mother Chandramma executed a Will dated 28.9.1978 (marked in the suit as Ex.A.1) bequeathing her half share in the suit schedule properties to the plaintiffs and that the release deed (marked as Ex.A.7) executed by Chandramma on 6.3.1969 in favour of mother of Defendants 2 to 6 is not out of free Will of Chandramma that it was obtained under undue influence and coercion and that the same does not divest Chandramma of her half share in the suit schedule properties. After conducting trial, the Trial Court decreed the suit of the plaintiffs directing partition of half share of the plaintiffs and further ordering a separate enquiry regarding mesne profits. Aggrieved by the judgment and preliminary decree dated 8.9.1993 the defendants filed A.S.No.78 of 1994. During the pendency of the suit, first defendant Pentamma who is mother of Defendant Nos.2 to 6 died and her two daughters were brought on record as Defendants 16 and 17 as legal representatives of Pentamma.

(3.) Be that at it is, the Trial Court on an appropriate application filed by the decree holders being LA. No.2241 of 1993 passed orders on 6.10.1998 determining the mesne profits payable by the judgment debtors to the decree holders. Aggrieved by the same both parties have filed civil revision petitions being CRP No.5538 of 1998 (by plaintiffs) and C.R.P.No.27 of 1999 (by defendants). These applications are also being heard along with A.S.No.78 of 1994. At that stage, one Ramesh Chawla has filed present C.M.P. No. 14246 of 2004 seeking impleadment in the proceedings.