THE HONOURABLE SRI JUSTICE B.PRAKASH RAO C.R.P.No.1141 OF 2008 Dated 01ST July, 2010 Between:
Rajpurohit Jalaram …petitioner And Smt.S.Asha Bee and ors …respondents THE HONOURABLE SRI JUSTICE B.PRAKASH RAO C.R.P.No.1141 OF 2008 ORDER:
Heard both sides.
The petitioner who claims to be a third party purchaser under a registered sale deed subsequent to the suit filed by the respondent herein where he sought for specific performance is aggrieved against the order rejecting the application filed by him under Order 1 Rule 10 of the Code of Civil Procedure to implead him in the said suit for specific performance, filed this revision.
Having heard the counsel and on perusal of the material, admittedly it is seen that the petitioner claims to be a purchaser under a registered document dated 3-11-2006 and the suit is one for equitable relief. Necessarily to consider the aspects from all angles, it is desirable that the petitioner is also to be impleaded in the said suit. Further during the course of the arguments, it has been pointed by the learned counsel that insolvent proceedings were also being initiated in I.P.No.1/2007 against the vendor and which is pending on the file of the Principal Senior Civil Judge. Since the parties are almost one and the same and affect their right and interest, it is felt desirable that both the suits in O.S.No.216 of 2006 and I.P.No.1 of 2007 be clubbed together and disposed of accordingly.
In view of the above, the CRP is allowed and the application in I.A.No.61 of 2008 stands allowed by setting aside the orders dated 22-2-2008 and further in exercise of suo motu powers under Section 24 of the Code of Civil Procedure, the proceedings in I.P.No.1 of 2007 stands withdrawn from the Court of the Principal Senior Civil Judge, Kurnool to that of the Court below and both to be tried together and disposed of on merits in accordance with law. No costs.
(B.PRAKASH RAO,J) Date:01st July, 2010 grk