( 1 ) THIS application is filed by third party to appeal suit under Order I rule 10 read with Section 151 of the Code of Civil Procedure, 1908 (CPC) seeking to implead himself as Respondent No. 23 in as. No. 78 of 1994. Before noticing the raiso detre for the application, the background of appeal suit may be noticed as under.

( 2 ) RESPONDENTS 9 to 13 (hereafter called, the plaintiffs) and one another filed o. S. No. 456 of 1984 on the file of the court of Principal Subordinate Judge, Ranga reddy District, which was later transferred to the Court of District Judge, Ranga Reddy district, and renumbered as O. S. No. 9 of 1993, against Respondents 1 to 5 and their mother (hereafter called, the defendants) for partition and separate possession of the suit schedule properties which include agricultural lands and residential houses. The plaintiffs alleged that their paternal grand-mother Chandramma executed a Will dated 28. 9. 1978 (marked in the suit as ex. A. 1) bequeathing her half share in the suit schedule properties to the plaintiffs and that the release deed (marked as Ex. A. 7) executed by Chandramma on 6. 3. 1969 in favour of mother of Defendants 2 to 6 is not