PILLELZ JNGAPPA Vs. GARLAPATI PRAKASAM

JUDGEMENT

(1.) This CRP is filed against the order dated 6-3-2006 passed by the learned Senior Civil Judge, Bhongir, in LA. No. 178 of 2006 in LA. No.297 of 2003 in O.S. No.24 of 1986.

(2.) The petitioner is a third party in O.S. No.24 of 1986. It was filed by the 1st respondent against Respondents 2 to 4, for the relief of partition and separate possession of the suit schedule property. A preliminary decree was passed on 24-4-1991. The decree was the subject-matter of A.S.No.1730 of 1991 and batch, which was filed by various parties to the suit. Through a common judgment dated 5-3-2003, this Court modified the preliminary decree in certain respects. LA. No.297 of 2003 was filed by some of the parties for passing final decree. At that stage, the petitioner sought to get himself impleaded, claiming interests for some of the items in the suit schedule property. Initially the LA. was rejected at S.R. stage, through orders dated 16-12-2005. In C.R.P. No.6913 of 2005, this Court held that the LA. must be numbered, and that it must be considered on merits. It since been numbered as LA. No. 178 of 2006. Through an elaborate order, the trial Court dismissed the application. Hence, this C.R.P.

(3.) Learned Counsel for the petitioner submi ts that his client has substantial interest, in an item of property, in Schedule-A, and that he is entitled to be impleaded as a party in the final decree proceedings.