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2018 Supreme(AP) 36

A.RAJASHEKER REDDY
Manepalli Mohan Rao S/o. Krishna Rao – Appellant
Versus
Jakkam Sunitha – Respondent


Advocates Appeared:
For the Petitioner: D.V. Reddy
For the Respondents: Dasari S.V.V.S.V. Prasad

ORDER :

1. This revision is filed against the order dated 22-09-2017 in I.A.No.388 of 2015 in O.S.No.13 of 201, wherein and whereby the application filed by the petitioner/plaintiff for impleading the proposed respondent as defendant No.3 in O.S.No.13 of 2014 is dismissed.

2. The brief facts which are necessary for disposal of revision are as under:

The petitioner filed O.S.No.13 of 2014 for specific performance of agreement of sale dated 09-01-2012 against respondents 1 and 2 in respect of suit schedule properties. The respondents 1 and 2 entered into agreement of sale on 09-01-2012 to sell the suit schedule land with the petitioner. After execution of agreement of sale, respondents 1 and 2 created equitable mortgage in favour of respondent No.3 on 28-05-2013 to defeat the right and interest of the petitioner in the suit schedule property, but the same is not valid and binding on the petitioner. The respondents attempted to bring the suit schedule land for sale under the guise of equitable mortgage by initiating proceedings at Hyderabad. As such, respondent No.3 is necessary party for adjudication of lis in the suit.

3. Though notice was served in the trial Court, respondent No.3 has



































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