Dismissed

Srinivasa Real Estate Purchasers Welfare Association v. K. Ravinder Reddy

Telangana HC27 Sept 2012CRP/1352/2012

Case brief

AI extract

What is this about?

Revising court dismissed a petition challenging the dismissal of an application seeking impleadment. The court held the Trial Court was justified in rejecting the claim that the petitioner society was a necessary party, noting the plaintiff was explicitly asserting sole possession.

What did the court decide?

The civil revision petition was dismissed along with any pending miscellaneous petitions.

Srinivasa Real Estate Purchasers Welfare Association Vs… — Property and Title | Telangana HC (2012)

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THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.1352 of 2012

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ORDER:-

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This revision is directed against the order dated 28-12-2011 passed in I.A.No.175 of 2010 in I.A.No.178 of 2009 in O.S.No.5 of 2009 on the file of the Senior Civil Judge at Wanaparthy whereby and whereunder the learned Senior Civil Judge dismissed the application filed by the petitioner seeking its impleadment as party respondent in I.A.No.178 of 2009.

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The 1^st respondent is the plaintiff in O.S.No.5 of 2009. He filed the suit for specific performance of agreement of sale dated 20-5-1994 in respect of Ac.3-04 guntas of land situated at Vanaparthi village and mandal. He also moved I.A.No.178 of 2009 under Order 39 Rules 1 and 2 of C.P.C. seeking temporary injunction pending disposal of the suit restraining the defendants from interfering with his peaceful possession and enjoyment. While so, the petitioner filed I.A.No.175 of 2010 seeking its impleadments as petitioner No.2 in I.A.No.178 of 2009. The said application has been resisted by the defendants in the suit. The learned Senior Civil Judge, on hearing the Counsel appearing for the parties and on considering the material brought on record, came to the conclusion that the implead petition has been filed in collusion with the plaintiff – Ravinder Reddy and thereby proceeded to dismiss the petition by order dated 28-12-2011. Hence, this revision.

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Heard learned Counsel appearing for the petitioner and learned Counsel appearing for respondents No.3 to 8.

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It is contended by the learned Counsel appearing for the petitioner that the members of the petitioner – society purchased the land from the plaintiff and if any orders passed on the injunction

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application, there is every likelihood of the rights of the members of the petitioner – society being effected and therefore the petitioner society is a proper and necessary party to O.S.No.5 of 2009 as well as I.A.No.178 of 2009. Learned Counsel placed on record the copy of the sale deeds said to have been executed by the plaintiff – Ravinder Reddy in favour of the members of the petitioner – society.

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Learned Counsel appearing for respondents No.3 to 8 supported the order impugned in the revision.

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It is a matter of record that the plaintiff – Ravinder Reddy filed a suit for specific performance of agreement of sale dated 20-5-1994. He also moved injunction application being I.A.No.178 of 2009 asserting that he is in possession of the property. The material brought on record clearly indicates that Ravinder Reddy executed various sale deeds in the year 1994. Therefore the assertion of Ravinder Reddy in injunction application appears to be incorrect. Probably to overcome this factual aspect, the petitioner – society has been projected by Ravinder Reddy as co-plaintiff. When the plaintiff – Ravinder Reddy has approached the Court with specific assertion of his being in possession of the property, he should fail or succeed on his own pleadings. Therefore the Trial Court is justified in dismissing the application.

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Accordingly, the Civil Revision Petition is dismissed. As sequel to it, Miscellaneous Petitions, if any pending, shall stand dismissed. No order as to costs.

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B.Seshasayana Reddy, J

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27^th September, 2012

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smr

Srinivasa Real Estate Purchasers Welfare Association v. K. Ravinder Reddy

Case brief

What is this about?

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Srinivasa Real Estate Purchasers Welfare Association v. K. Ravinder Reddy

Case brief

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