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2022 Supreme(AP) 490

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
BANDARU SYAMSUNDER, J.
D Sreenivasa Reddy, Kurnool Dist – Appellant
Versus
Muttumula Rajeswar Reddy, Kurnool Dist & 5 Others – Respondents
Civil Revision Petitions No. 6170, 6331, 6339, 6340, 6341, 6342, 6343, 6346, 6365, 6421, 6440, 6445, 6454, 6545, 6546, 6547, 6548, 6549, 6774 and 7362 of 2017
Decided on : 16-11-2022

Advocates:
Advocate Appeared:
For the Appellant : M R S SRINIVAS
For the Respondent: O. MANOHER REDDY, K. SURYANARAYANA

Headnote:

Constitution of India, – Article 227 – Civil Procedure Code, 1908 – Order I Rule 10 – Order XXXIV Rule 13 – Section 151 – Transfer of Property Act,1882 – Section 91 – Indian Limitation Act, 1877 – Section 22 – Power of superintendence over all courts by High Court – Saving of inherent powers of court – Persons who may sue for redemption – Civil Revision Petitions arise out of similar orders passed by learned III Additional District Judge, Nandyal, in interlocutory applications filed by proposed parties same day in different similar suits – Civil Revision Petitions is similar – Matters are distinct only in their respective facts and events revision petitions are being disposed of by common order – Held, Court did not find any illegality or irregularity in orders passed by learned trial Judge warranting interference of this Court invoking supervisory jurisdiction made clear that if anything discussed in present revision petitions with regard to merits of case disposal of the present civil revision petitions – It shall not come in way of trial Court while considering plea of revision petitioners with regard to rights of redemption by proposed defendants, which shall be decided by trial Court on its own merits after considering ratio laid down by the decisions relied on by both parties – Civil Revision Petitions are dismissed.

ORDER :

These Civil Revision Petitions arise out of similar orders passed by learned III Additional District Judge, Nandyal, in interlocutory applications filed by proposed parties under Order I Rule 10 of Civil Procedure Code (in short ‘CPC’) on the same day in different similar suits. Since the question of law and issues, which arise to be dealt with in all these Civil Revision Petitions is similar and the matters are distinct only in their respective facts and events, all these revision petitions are being disposed of by common order.

2. All these Civil Revision Petitions are filed by the petitioners under Article 227 of Constitution of India against the orders passed by learned III Additional District Judge, Kurnool, at Nandyal, in interlocutory applications filed in ten original suits by different parties, dated 20.10.2017 wherein learned trial Judge allowed the petitions filed by proposed parties under Order I Rule 10 CPC read with Section 151 CPC and permitted them to come on record as defendants in the suits.

3. For better understanding of the case, following tabler form is extracted to show against which order in the original suit, which revision petition has been preferred and the same reads as under:

Sl.No.

C.R.P.Number

I.A.Number

O.S.Number

1

6170/2017

1500/2013

46/2010

2

6331/2017

1508/2013

55/2010

3

6339/2017

1504/2013

51/2010

4

6340/2017

1505/2013

52/2010

5

6341/2017

1502/2013

49/2010

6

6342/2017

1507/2013

54/2010

7

6343/2017

1509/2013

56/2010

8

6346/2017

1506/2013

53/2010

9

6365/2017

1501/2013

48/2010

10

6421/2017

1143/2014

51/2010

11

6440/2017

1153/2014

56/2010

12

6445/2017

1147/2014

53/2010

13

6454/2017

1137/2014

48/2010

14

6545/2017

1135/2014

46/2010

15

6546/2017

1149/2014

54/2010

16

6547/2017

1151/2014

55/2010

17

6548/2017

1139/2014

49/2010

18

6549/2017

1145/2014

52/2010

19

6774/2017

1511/2013

59/2010

20

7362/2017

1157/2014

59/2010

4. The case of proposed defendants before the trial Court in brief is that they are third parties and they also filed suit against second respondent/D1 for recovery of their mortgage debt dated 10.03.2008 wherein they added all the subsequent mortgagees. They submit that the first respondents/plaintiffs, who are revision petitioners herein, filed suits, wherein purposefully avoided to implead them as defendants. It is also the contention of proposed parties that they being subsequent mortgagees are necessary parties to the suit filed by first respondents/plaintiffs as per Order XXXIV Rule 1 CPC. They have stated that R2/D1 mortgaged entire 49 cents of land to them, whereas portion of land alone is mortgaged to first respondents/plaintiffs though it is prior mortgage. They pray to implead them as defendants in the suits being subsequent mortgagees. The petitioners/plaintiffs/revision petitioners filed counters denying averments in the affidavits of proposed parties. It is the contention of revision petitioners/first respondents/plaintiffs that proposed parties being subsequent mortgagees are not necessary parties to the suit as property under mortgage was already sold by the bank and thereafter, deposited balance of sale consideration amount after appropriating the debt due to them. They also submit that proposed parties filed writ petition and got orders and they intended to implead as parties to the suit though their right to redemption extinguished as there is no property available. It is the contention of revision petitioners/first respondents/plaintiffs in the suits that the proposed parties are neither necessary nor proper parties. They pray to dismiss the revision petitions.

5. After hearing both sides, the learned trial Judge allowed the petitions filed by the propos

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