AYYAN TRADERS PVT LTD Vs. LINGARAM CHENNAIAH

JUDGEMENT

(1.) RESPONDENTS 1 to 8 filed OS No. 50 of 1999 in the Court of the Senior Civil Judge, Mahaboobnagar, against respondents 9 to 14 for the relief of partition and separate possession of the suit schedule properties. One of the items was the land in Sy. No. 784 of Burgula Village, farooqnagar Mandal, Mahaboobnagar district. The father of respondents 11 to 14, by name, Lingaram Pentaiah, was granted occupancy Right Certificate for that land under the provisions of the A. P. (T. A.)Abolition of Inams Act, 1955. Respondents 11 to 14 are said to have executed a sale deed in favour of the petitioner by transferring an extent of Acs. 11. 14 guntas.

(2.) AN ex parte preliminary decree was passed on 26. 6. 2000. Thereafter, final decree proceedings were initiated. On coming to know the same, the petitioner got itself impleaded in the final decree proceedings. Subsequently, it filed OS No. 69 of 2003 in the Court of the Senior Civil Judge, mahaboobnagar against the respondents herein for the relief of setting aside the preliminary decree. During the course of trial in that suit, it appears that respondents 1 to 8 have raised an objection as to the very maintainability of the suit, as long as the preliminary decree is intact. It is in this context, that the petitioner filed LA No. 556 of 2002 under Order 1 Rule 10 CPC, with a prayer to implead it as defendant No. 7 in the suit. LA No. 557 of 2002 is filed under section 151 CPC with a prayer to recall or set aside the ex parte preliminary decree.

(3.) THROUGH separate orders dated 6. 12. 2007, the trial Court dismissed the applications. Hence, these two revisions.