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SUBBA REDDY SATTI
Akshara Brahma Mines and Development – Appellant
Versus
Kampa Hanoku, S/o. Late Mohan Rao – Respondent
ORDER :
Plaintiffs in the suit filed the above revision against order dated 20.10.2021 in I.A.No.92 of 2021 in O.S.No.45 of 2019 on the file of learned Principal Senior Civil Judge, Srikakulam.
2. Plaintiff filed O.S.No.45 of 2019 against five defendants seeking perpetual injunction restraining the defendants, their men, etc. from interfering with the peaceful possession of the plaintiffs’ possession over the suit schedule property and for mandatory injunction directing the defendants to restore machinery back in the plaint schedule property.
3. In the plaint, it was contended, inter alia, that plaintiff No.1, partnership firm was registered on 08.02.2016. It is engaged in the business of quarrying of colour granite, which is marketed in domestic and international markets. Director, Mines and Geology, Government of Andhra Pradesh awarded mining rights vide proceedings No.52065/R1-1/2011 dated 22.02.2014 in favour of Nibran Nimmala. Lease agreement was entered into vide lease agreement, dated 04.02.2014 for the purpose of quarrying colour granites in an extent of 3.22 hectares or Ac.7.9534 cents, forming part of survey Nos.20, 21, 22/1, 22/2, 23, 23/19, 23/423/2 situated at Palasavalas
The main legal principle established in the judgment is the application of Order I Rule 10(2) of CPC, which allows the Court to add parties to the proceedings to enable effective adjudication and set....
Third parties can be impleaded in injunction suits where their involvement is necessary for complete adjudication, helping avoid future legal conflicts.
A plaintiff has the prerogative to choose parties in a suit and cannot be compelled to include a party against whom no relief is sought.
Implead of party - Suit for permanent injunction against the Government and when admittedly the property belongs to the Government the presence of the petitioner who claims to have purchased the said....
Object of Order 1 Rule 10 CPC is that person whose presence is necessary before Court, is made a necessary party to effectually adjudicate upon rights of parties and settle all questions involved in ....
The court affirmed that a necessary party is one whose presence is essential for the effective adjudication of a suit, and the trial court has the discretion to add such parties under Order I Rule 10....
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