ORDER :

The plaintiffs/petitioners filed the present writ petition against the order dated 29.09.2016 on I.A. No.X under Order 1 Rule 10 of Code of Civil Procedure (‘CPC’, for short) in O.S.No.11/2013 on the file of I Addl. Senior Civil Judge, Kolar allowing the application for impleading the applicant as defendant No.4.

2. The present plaintiffs filed a suit in O.S.No.11/2013 for partition and separate possession against the defendants in respect of suit schedule properties. The defendant Nos. 2 and 3 have filed written statement contending that Item No.5 of the suit schedule property is self acquired property of them. Hence, sought to dismissal of the suit which is pending for consideration.

3. It is contended that the applicant has entered into a sale agreement with defendant Nos. 2 and dated 22.08.2012 for sale consideration of Rs.31,50,000/. After executing sale agreement, defendant Nos. 2 and 3 did not execute the registered sale deed in favour of applicant. Hence, he filed a suit in O.S.No.108/2014 for specific performance against the defendants which came to be decreed. In the meantime, the proposed applicant has filed an application under Order 1 Rule 10(2) read with 151 CPC