In this civil revision, the Hon'ble Court dismissed the petition filed by the father of respondents seeking to be impleaded as a necessary party in a partition suit. The court held the revision meritless as the lower court correctly concluded the gift deed could not be cancelled absent an express condition to that effect.
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THE HON’BLE SRI JUSTICE GHULAM MOHAMMED
CRP No.5177 of 2010
Between
B. Narayana Rao
And
B. Anjaneyulu and others
THE HON’BLE SRI JUSTICE GHULAM MOHAMMED
CRP No.5177 of 2010
Oral Order:
This Civil Revision Petition is directed against the order dated 22.10.2010 passed in I.A.No. 1459 of 2010 in O.S.No. 301 of 2009 on the file of the court of the XIV Additional Chief Judge, City Civil Court, Hyderabad.
I.A.No.1459 of 2010 was filed by the revision petitioner herein under Order 1 Rule 10 of the Civil Procedure Code to impead him as a defendant no.12 as he is necessary and property party in the above suit.
The revision petitioner is the father of the respondents 1 to
3. The suit was filed by the 1st respondent herein for partition and that the petitioner herein sought to implead himself in the suit on the ground that the petitioner cancelled the gift deed dated 22-3-2007 and as such he is entitled to be impleaded in the suit. According to the respondent no.1 the revision petitioner herein has executed the registered gift deed and as per 7th para of the said gift deed the petitioner cannot revoke or cancel the
gift deed. The respondents 2 and 3 herein filed the written statement in the above suit stating that they collected the rents of the above suit schedule property.
The court below on consideration of the matter came to the conclusion that the gift deed cannot be cancelled without condition of revoke or cancel in the said gift deed and came to the conclusion that the contention of the petitioner that the respondents 1 to 3 did not take possession of the gifted property cannot be acceptable and therefore dismissed the I.A.
In the circumstances, I do not see any ground tot entertain the revision petition. The Civil Revision Petition is meritless and is dismissed. No costs.
26-7-2011
Kk
2 issues framed by the court
Whether the revision court could entertain the petition to implead the revision petitioner as a necessary party when the civil court held the gift deed irrevocable.
Whether the civil revision petitioner had any ground to institute the revision petition against the below order dismissing the impleading application.
1 provisions across 1 enactments
B. Anjaneyulu and others
Ghulam Mohammed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
