G KRISHNAIAH Vs. G YOGANAND

JUDGEMENT

(1.) The petitioners challenge the order, dated 8/12/2003, passed by the learned Junior Civil Judge, Jedcherla, Mahabubnagar District, in LA. No.251 of 2003 in O.S. No.51 of 2001.

(2.) Respondents 1 and 2 filed the suit for the relief of declaration to the effect that the acts of respondents 3 to 9 herein are illegal and that they are in no way concerned with the Gandhinagar Trust of Badepally Village, Jedcherla Mandal. A further relief of perpetual injunction to restrain respondents 3 to 9 from interfering with the affairs of the Trust, was also sought. At a later point of time, they filed I.A.No.251 of 2003 with a prayer to implead the petitioners herein. In the affidavit filed in support of the I.A., it was stated that in C.R.P.No.5491 of 2001, this Court directed that no item of B-schedule i.e., land in survey No.69, shall be alienated and despite the same, the first petitioner sold a plot of 400 yards in favour of second petitioner. The application was opposed by the petitioners. Through the order under revision, the trial Court allowed it.

(3.) Sri K. Laxmaiah, learned Counsel for the petitioners, submits that the first petitioner is none other than the Counsel for respondents 3 to 9 and that the respondents 1 and 2 filed the application with a mala fide intention, to cause embarrassment to the first petitioner and inconvenience to respondents 3 to 9. He submits that the cause of action for filing the suit was specifically pleaded and as of now, it does not permit the impleading of the petitioners.