Point of Law: Purported equitable mortgage is hit by doctrine of lis pendens, since it is stated to have been entered fraudulently, deliberately, with a mala fide intention to defraud the plaintiff, that too pendente lite of the said suit.

ORDER :

These two revision petitions, under Article 227 of the Constitution of India, are filed by the unsuccessful plaintiff against separate orders dated 20.07.2018 of the learned I Additional Senior Civil Judge, Kovvur, West Godavari District, dismissing I.A.Nos.236 & 238 of 2017 in O.S.No.19 of 2006 filed by the petitioner/plaintiff.

C.R.P.No.6115 of 2018 relates to I.A.No.238 of 2017 which was filed under Order 1 Rule 10 of the Code for impleading (i) The Sub Registrar, Kovur, Nellore District, and (ii) The Indian Overseas Bank, Hyderabad, represented by its Senior Manager-cum-Authorized Official, as defendants 8 and 9 respectively in the suit.

C.R.P.No.6096 of 2018 relates to I.A.No.236 of 2017 which was filed under Order VI Rule 17 of the Code of Civil Procedure, 1908 (‘the Code’), read with Rule 28 of the A.P. Civil Rules of Practice, requesting to permit the plaintiff to amend the plaint consequent to impleadment of the defendants 8 and 9.

2. Heard Mr. P.V.Raghu Ram, learned counsel representing Mr. K. S. Gopala Krishnan, learned counsel for the revision petitioner/plaintiff. None appeared for the respondents/defendants. Since these two revision petitions are interrelated, they were heard together are being disposed by a common order.

3. The following are the proposed amendments:

I. Incorporation of the names of the proposed defendants 8 and 9 in the cause title after the name of Allampati kanth as follows:

“8. The Sub Registrar, Taluq Office Compound, Kovur village, Post and Mandal, SPSR Nellore District.

9. The Indian Overseas Bank, Basheer Bagh Branch, Hyderabad, rep. By its Senior Manager-cum-Authorized Official.”

II. Incorporation of the following in 3rd line in paragraph no.2 at page number no.2, as follows:

“8th defendant is the Sub-Registrar, Taluq Office Compound, Kovur village, Post and Mandal, SPSR Nellore District. 9th defendant is The Indian Overseas Bank, Basheer Bagh Branch, Hyderabad, represented by its Senior Manager-cum-Authorized Official.

III. Incorporation of para No.11(b) at page No.4 after para No.11-a to be incorporated in terms of order of amendment in C.F.No.4197/2012 dated 17-04-2012 as follows:

“11-b. During pendency of the said suit, the proposed defendants 8 and 9 in collusion with 2nd defendant deliberately, high handedly and with a mala fide intention to defraud the Hon’ble Court and also plaintiff as well further created a fictitious loan by entering into champertious oral agreement and thereby created the purported equitable mortgage dated 30-05-2012 bearing document No.913/2012 for alleged sum of Rs.1,53,00,000/- (Rupees one crore fifty three lakhs only) behind the back of plaintiff and without his knowledge on the property of plaintiff which is in dispute due to fraudulent activities and collusive activities of defendants jointly and severally committed by them upon due deliberations and consultations. The plaintiff came to know the same on 24-01-2017. The plaintiff questioned the same by issuing legal notice dated 04-02-2017 by way of registered post with acknowledgment due. Defendants 8 and 9 received the said notice. Defendants 1, 2, 6 and 7 by managing the concerned respective postman got the said notice returned with false and concocted endorsement. The purported loan and its consequential equitable mortgage is sham, collusive, fraudulent and nominal transaction without parting of any consideration there under actually. The purported loan is not binding on the plaintiff. The purported equitable mortgage is hit by Doctrine of Lis Pendens since it is stated to have entered fraudulently, deliberately, with a mala fide intention to defraud the plaintiff that too pendente lite of the said suit. The plaintiff is being not a party to the purported loan, it will not bind on the plaint schedule property and also to the plaintiff. The purported General Power of Attorney dated 10.12.2008 bearing document No.2262/2008 with alleged possession stated to have executed in favour of 6th defendant and the p