KODATI VARUDELLI DEVENDER RAO Vs. PENDEM SHYAMSUNDER RAO

JUDGEMENT

(1.) This Civil Revision Petition is filed under Article 227 of the Constitution of India, by the petitioner/plaintiff, aggrieved by the order dated 22.11.2018 passed in I.A.No.755 of 2018 in O.S.No.70 of 2010 by the learned Senior Civil Judge, at Huzurabad, wherein the impugned I.A.No.755 of 2018 filed by the petitioner/plaintiff under Order I Rule 10 of CPC to implead the respondents 2 to 5/proposed petitioners as defendants 2 to 5 in the suit, was dismissed.

(2.) Heard the learned counsel for the revision petitioner, learned counsel for the respondents 1 to 5 and perused the record.

(3.) Learned counsel for the revision petitioner/plaintiff would submit that the revision petitioner filed the subject suit in O.S.No.70 of 2010 before the Senior Civil Judge, at Huzurabad, seeking declaration of title and injunction in respect of the suit schedule property admeasuring Ac.2-19gts in Sy.No.152/A, situated at Dandepally Village, Elkaturthy Mandal, Karimnagar District. The revision petitioner/plaintiff was not aware of the alienation of the suit schedule property by the defendant under registered document No.2777/2010 dated 26.06.2010. Immediately, after coming to know about the same, he filed the impugned application. For proper adjudication of the subject matter, the proposed defendants are necessary parties to the suit. However, the Court below erroneously dismissed the impugned application. It is also contended that the disputed sale deed was registered on 26.06.2010 and the suit was filed on 26.10.2010. No copy of the written statement was served on the revision petitioner. The proposed defendants being the legal representatives, are necessary parties and ultimately prayed to set aside the order under challenge and allow the impugned I.A.No.755 of 2018 as prayed for.