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2001 Supreme(AP) 107

V.V.S.RAO
Akula Seshamma – Appellant
Versus
P. Eswaraiah – Respondent


V. V. S. RAO, J.

( 1 ) THIS common order shall dispose of both the CRPs. as the questions of law and fact are common to both. C. R. P. No. 2732 of 2000 is filed against the order dated 23-6-2000 in la. No. 114 of 2000 in O. S. No. 4 of 2000 and c. R. P. No. 2749 of 2000 is filed against the order dated 23-6-2000 in LA. No. 116 of 2000 in O. S. No. 31 of 1995 on the file of the Court of the Senior Civil Judge, Rajampet. By these impugned orders, the lower Court ordered to implead one Akula Seshamma, wife of late Akula Subbarayudu, the first respondent in both the CRPs. as party defendant to O. S. No. 4 of 2000 as well as o. S. No. 31 of 1995. The impugned orders are assailed in these CRPs. as vitiated by improper exercise of jurisdiction vested in the trial Court under Order 1 Rule 10 (2) of the Code of Civil Procedure, 1908 ( cpc for brevity ).

( 2 ) SUCCINCTLY stated, the facts in brief are as follows: The petitioners in C. R. P. No. 2749 of 2000 filed O. S. No. 31 of 1995 on the file of the Court of the Senior Civil Judge, rajampet for specific performance of registered agreement of sale dated 19-10-1991 in respect of a cinema theatre called "lakshmi Paradise" in Kodur town. The















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