The Hon’ble Sri Justice C.V.Nagarjuna Reddy Civil Revision Petition No.2534 of 2014
Dated 20.09.2014
Between:
T.Krishna Mohan …Petitioner And Smt.A.Satyavathi and 3 others …Respondents Counsel for the petitioner: Mr.Ch.Janardhan Reddy Counsel for the respondent: None appeared The Court made the following:
Order:
This Civil Revision Petition arises out of Order, dated 02.06.2014, in IA.No.37 of 2012 in OS.No.1036 of 2005, on the file of the Court of the learned VII Additional Senior Civil Judge, Ranga Reddy District at L.B.Nagar.
The petitioner filed the above-mentioned suit for specific performance of an agreement of sale against respondent No.2. Respondent No.1 filed IA.No.37 of 2012 under Order I Rule 10 of the Code of Civil Procedure, 1908 (CPC), on the ground that respondent No.2 has entered into an agreement of sale with her in respect of the very same property. By the order under revision, the lower Court has allowed the said application.
At the hearing, Mr.Ch.Janardhan Reddy, learned Counsel for the petitioner, has submitted that respondent No.1 has also filed a suit for specific performance of agreement of sale against respondent No.2 and that therefore, her impleadment as defendant No.4 in OS.No.1036 of 2005 is unwarranted.
In my opinion, it is desirable that both the suits are heard together to avoid conflicting judgments. However, as that issue does not arise in the present Civil Revision Petition, the parties are left free to take appropriate steps in that direction. Inasmuch as the property is common under both the agreements of sale, impleadment of respondent No.1 is more advantageous to the petitioner than causing any loss to his interests, for, in the event of his success in the suit, that judgment will bind respondent No.1 also. In this view of the matter, I do not find any reason to interfere with the order of the lower Court.
With the above observations, the Civil Revision Petition is dismissed.
As a sequel, CRPMP.No.3528 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J) Dt: 20th September, 2014 LUR