VEMULURI SRINIVAS Vs. DODLA SURESH

JUDGEMENT

(1.) This Civil Revision Petition is filed under Article 227 of the Constitution of India, assailing the order in I.A.No.3 of 2022 in O.S.No.10 of 2017, dtd. 29/11/2022 passed by the I Additional District Judge, Bhadradri Kothagudem.

(2.) Petitioner herein is the respondent No.1 - plaintiff and respondent No.1 herein is the petitioner - proposed defendant in I.A.No.3 of 2022.

(3.) Respondent No.1 herein - proposed defendant No.9 filed petition under Order I Rule 10 CPC to implead him as defendant No.9 in the suit (vide I.A.No.3 of 2022). It is stated in the affidavit that Vemuluri Venkateswarlu during his life time has executed a will in favour of Vemuluri Anasurya bequeathing 'A', 'B' and 'C' schedule properties vide will deed dtd. 18/11/2008. By virtue of the will deed said Anasurya became the owner of the suit schedule 'A' to 'C' properties with all rights and she was blessed with one son and daughter. Daughter of Anasurya is defendant No.6 in the suit (respondent No.7 herein), she fell in love with a person and left her parents house; son who is defendant No.5 in the suit (respondent No.6 herein) is a close friend to him for the past 18 years and Venkateswarlu and Anasurya have treated him like that of their son as he used to assist them for their medical necessities. Anasurya fell sick and she has taken the assistance of respondent No.1 herein - proposed defendant for her medical treatment, out of such magnitude towards him as he has spend huge expenses towards her, she has executed a will on 6/7/2015, bequeathing 'B' and 'C' items of suit schedule properties in his favour. Anasurya died on 16/1/2016. Respondent No.1 herein - petitioner - proposed defendant made an application before the concerned authorities for mutation of his name in the concerned records and the municipal authorities informed him that litigation is pending before the Court with regard to 'A', 'B' and 'C' items of the suit schedule properties, then he approached respondent No.6 herein, who made him believe that false litigation is created by the petitioner - respondent - plaintiff posing as legal heir. Thus, he is a necessary party to the suit proceedings and prayed to implead him as defendant No.9 in the suit.