C. Venkateswarlu vs Yellapu Abbulu - 2023 Supreme(AP) 127

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(AP) 127

V. R. K. KRUPA SAGAR
C. Venkateswarlu – Appellant
Versus
Yellapu Abbulu – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: M.R.S. Srinivas.

ORDER :

1. The question that arises in this civil revision is whether a person holding an agreement for sale executed by the owner of the property is a necessary or proper party in a suit filed for declaration that a General Power of Attorney-cum-agreement for sale executed by the plaintiff in favour of three defendants is vitiated by fraud and as a consequence the subsequent sale transactions in favour of defendant Nos. 4 to 7 are void (O.S. No. 13/2016).

2. Invoking the jurisdiction under Article 227 of Constitution of India this civil revision petition is filed questioning the correctness of Order dated 25.06.2019 of learned X Additional District Judge, Narasapur in I.A. No. 57 of 2019 in O.S. No. 13 of 2016.

3. Respondent No. 1 is plaintiff in O.S. No. 13 of 2016. Respondent Nos. 2 to 8 are the defendants in the suit O.S. No. 13 of 2016. To the said suit in O.S. No. 13 of 2016 the present revision petitioners are third parties. They filed I.A. No. 57 of 2019 under Order 1 Rule 10 C.P.C. seeking for their impleadment in O.S. No. 13 of 2016. After due contest and hearing the learned trial Court decided against them stating that they are neither necessary nor proper parties. It dismi