THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No. 4866 OF 2014 Dated:26-12-2014 Between
Sarwar Jahan
... PETITIONER
AND
Smt. Bhushra Taskeen and another
.. RESPONDENTS
THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No. 4866 OF 2014 ORDER:
The deceased-2nd respondent herein filed O.S No. 2452 of 2011 in the Court of XVII Additional Senior Civil Judge, City Civil Court, Hyderabad against the petitioner for partition and separate possession of the suit schedule properties. During the pendency of the suit, she died. The 1st respondent herein filed an application under Order I Rule 10 CPC, with a prayer to implead her as the plaintiff. Her claim was two fold. The first is that the suit schedule property was purchased by her, but in the name of the 2nd respondent. The second is that the 2nd respondent gifted that property to her. The application was opposed by the petitioner. The trial court allowed the I.A through order dated 16-10-2014. Hence, this revision.
Heard Sri Osman Shaheed, learned counsel for the petitioner.
The suit was filed for the relief of partition and separate possession of the suit schedule property. When the suit was filed, there was only one plaintiff and one defendant. The claim of the 1st respondent was that she is the actual owner of the property and in the alternative, she is the donee of the same. The question as to whether the 1st respondent has acquired any rights over the property needs to be considered at the hearing of the suit. At least in the limited context of continuing the proceedings, the presence of the 1st respondent is necessary.
Therefore, the C.R.P is dismissed. However, it is left open to the petitioner to put forward all her contentions vis-à-vis the claim of the 1st respondent in the suit itself. The trial Court shall dispose of the suit within a period of six months.
The miscellaneous petitions filed in this revision shall also stand disposed of. There shall be no order as to costs.
L. NARASIMHA REDDY, J 26-12-2014 ks