The Hon’ble Sri Justice C.V.Nagarjuna Reddy Civil Revision Petition No.1001 of 2014
Dated 07.08.2014
Between:
Smt.Ch.Shyamala and 2 others …Petitioners/plaintiffs And N.Basava Raj and 2 others.
…Respondents/defendants Counsel for the petitioners: Mr.K.Sankaraiah Counsel for respondent Nos.1 & 2: -----
Counsel for respondent No.3: Mr.A.Tulsi Raj Gokul The Court made the following:
Order:
This Civil Revision Petition arises out of Order, dated 12-02-2014, in IA.No.107 of 2013 in OS.No.164 of 2008, on the file of the Court of the learned XI Additional District Judge (FTC), at L.B.Nagar, Ranga Reddy District.
The petitioners filed the abovementioned suit for specific performance of an agreement of sale against respondent Nos.1 and 2. Pending the suit, respondent No.3, claiming to be the purchaser from respondent Nos.1 and 2 herein, got herself impleaded in the suit. Thereafter, the trial was held and at the stage of arguments, the petitioners filed IA.No.107 of 2014 for impleading respondent Nos.4 and 5 on the ground that respondent No.3, who remained ex parte, has sold the suit schedule property to respondent Nos.4 and 5. This application was dismissed by the lower Court by observing that Section 52 of the Transfer of Property Act, 1882 (for short ‘the Act’), would protect the interests of the petitioners.
After hearing Mr.K.Sankaraiah, learned Counsel for the petitioners, and after perusing the record, I am of the opinion that the lower Court has rightly dismissed the application. Section 52 of the Transfer of Property Act, 1882, adumbrates the doctrine of lis pendens. Any pendente lite transfer of property is subservient to the decree that may be passed against the transferors and the same will bind the transferees, even if they are not parties to the suit. In this view of the matter, it is wholly unnecessary for the petitioners to seek impleadment of the subsequent purchasers, more so, at the stage of arguments of the suit.
Subject to the above observations, the Civil Revision Petition is dismissed.
As a sequel, CRPMP.No.1378 of 2014, filed by the petitioners for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J) Dt: 7th August, 2014
LUR