AMBRAMMA Vs. SIDRAMAPPA

JUDGEMENT

(1.) This revision is directed against the orders dtd. 27/7/2023 passed in I.A.No.74 of 2023 in O.S.No.213 of 2021 by the learned Principal Junior Civil Judge, Narayanpet. The petitioners herein have filed an application vide I.A.No.74 of 2023 under Order I Rule 10 of CPC seeking to implead them as party defendants in O.S.No.213 of 2021 instituted by the respondent Nos.1 and 2/plaintiff Nos.1 and 2, for declaration and perpetual injunction.

(2.) The brief facts of the case that are necessary for disposal of the present revision are stated as under:

(3.) The case of the petitioners/proposed defendants 3 and 4 is that their father Sri Sidramappa was shown as protected tenant over the land in Sy.Nos.302 to 308 situated at Alampally village of Krishna Mandal, Narayanpet District. The said Sidramappa has got three wives i.e, Smt. Eramma, Gangamma and Kanjanamma. The Eramma and Gangamma died issueless. The petitioner Nos.1 and 2 are the children of Kanjanamma and Sidramappa. The plaintiff No.1 is son of Chenbasappa and plaintiff No.2 is his wife. The defendant No.1 in the subject suit is the own sister of plaintiff No.1 and defendant No.2 is the husband of the defendant No.1. The subject suit was instituted claiming equal right and share over the property. The respondents claiming the right over the property as the legal heir of Kanjanamma has filed the subject I.A.No.74 of 2023 under Order I Rule 10 of CPC. A counter affidavit has been filed by the respondents/defendants stating that the defendant No.1 purchased the suit schedule property under a registered sale deed bearing document No.2128/1994 dtd. 19/4/1994 from one Mr. Sanjeev Kumar S/o.Sharath Kumar. The respondent No.2/defendant No.2 purchased the suit schedule B property through registered sale deed dtd. 28/6/2021 bearing document No.401/2021 from the respondent No.3 and respondent No.3 purchased the said property through registered sale deed dtd. 19/4/1994 bearing document No.2127/1994. It is the case of the respondents/defendants in the suit that petitioners herein, who are noway concerned with the suit schedule properties, have filed the subject application only with an intention to protract the litigation and prayed dismissal of the application. On consideration of the entire pleadings and submissions made by both sides, the trial Court has dismissed the application filed by the petitioners vide impugned order dtd. 27/7/2023.