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2022 Supreme(Kar) 703

H. B. PRABHAKARA SASTRY
C. D. Sanjay Raj – Appellant
Versus
N. Anandha Krishnan – Respondent


Advocates appeared:
Sri. S.P. Shankar, Senior Counsel for Sri. A.C. Chethan, Advocate, for the Appellant; Sri. G.S. Venkat Subba Rao, Advocate for R-1 to R-3; Sri. Giridhar S.V., Advocate for R-4 & R-5, for the Respondent.

ORDER

1. The present respondents No.1, 2, and 3, as plaintiffs, have instituted a suit in O.S.No.104/2010, against the present respondents No.4 and 5 arraigning them as defendant Nos. 1 and 2 in the Court of the learned II Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru (hereinafter for brevity referred to as 'the Trial Court') for the relief of specific performance with respect to sale of an immovable property.

2. During the pendency of the suit, the present petitioner, claiming himself as another agreement holder for sale dated 16-05-2008 of the very same suit schedule property in his favour by the defendants No.1 and 2, filed an interlocutory application, i.e. I.A.No.4 under Order I Rule 10(2) of the Code of Civil Procedure, 1908 (hereinafter for brevity referred to as 'the CPC') seeking his impleadment in the suit as defendant No.3. The Trial Court, vide its order dated 24-03-2016, rejected the said interlocutory application. Aggrieved by the same, the impleading applicant (petitioner herein) in the Trial Court has preferred this writ petition.

3. Learned Senior Counsel appearing for the petitioner, in his argument submitted that, the present petitioner is a nec

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