VIVEKANANDA VIDYA SAMSTHA SOCIETY Vs. SHAIK KHAJA

JUDGEMENT

(1.) The Civil Revision Petition is filed against the Order dtd. 14/8/2012 passed in I.A.No.1019 of 2010 in O.S.No.120 of 2010 on the file of learned Additional Senior Civil Judge, Narasaraopet in allowing the petition seeking to implead the 1st respondent herein as 2nd defendant in the suit.

(2.) Heard learned counsel for the petitioner. Though notices were served on the respondents, none entered appearance.

(3.) The brief facts of the case is that the suit in O.S.No.120 of 2010 was filed for specific performance of an agreement for sale dtd. 28/3/2003 executed by the 2nd respondent herein in favour of the petitioner herein. During the pendency of the said suit, the 1st respondent herein filed the above said application before the trial Court claiming right in the suit schedule property and alleging that the said suit was filed by the plaintiff against the defendant in collusion with the 2nd respondent for unlawful gain and without any manner of right over the property. It was alleged that the suit schedule property was originally belongs to Syed Khatunbi wife of Nabisa. That the said Khatunbi was her mother-in-law. Shaik Ayub is her nephew and the 1st defendant in the suit is the son of Shaik Yunus who is the brother of late Shaik Ayub. The schedule mentioned property was declared to be the property of late Shaik Ayub from his ancestors and the said Ayub died unmarried and intestate leaving behind his entire family members as his legal heirs. It was further contended that he was looked after by the 1st respondent herein, he orally promised to give a share in the said property as per Shariyat law as such she is the distant kindred of class IV and claims to have 1/3rd share in the suit schedule property as per the inheritance of Muslim law. The said application filed by the 1st respondent was resisted by the