2020 Supreme(Telangana) 245
IN THE HIGH COURT OF FOR THE STATE OF TELANGANA
T. Amarnath Goud, J.
Raja Pushpa Properties Pvt Ltd And Another - Appellant
Versus
B. Venkatamma And Others - Respondent
Civil Revision Petition No. 2551 of 2019, 2608 of 2019, 2896 of 2019, 2915 of 2019
Decided On : 06-03-2020
P. Venkat Reddy, Advocate, T. Venkat Reddy, Advocate, C. Hari Preeth, Advocate, K. Venkata Narasimha Reddy, Advocate, V. Ramakrishna Reddy, Advocate
Headnote:
Constitution of India,1950 - Article 227 – Criminal Procedure Code, 1973 - Section 151 - Order 1 , XIV, XVIII XV and VI - Rule 10 and 17 - Schedule properties - Equal shares - Separate possession - Seeking a preliminary decree for partition and separate possession - Plaintiff-Master who is aged about 8 months, represented by his mother and natural guardian by name filed O.S.No. before trial Court, seeking a preliminary decree for partition and separate possession of the suit A to D schedule properties into four equal shares and for allotment and possession of 1/4th such share to him and for a consequential declaration that certain documents are null and void and not binding on him to extent of his share and also to pass a final decree by appointing an advocate commissioner to divide suit schedule A to D properties by metes and bounds into four equal shares and to put him in possession of his legitimate share - Evidence of plaintiff as well as first defendant in suit was over, one who is paternal grandmother of plaintiff, filed I.A.No. in said suit under Order 1 Rule 10 (2) r/w Section 151 CPC and also under Rule 28 of Civil Rules of Practice to implead her as plaintiff No.2 in suit – Held, petition filed for consequential amendments, in addition to properties already mentioned by original plaintiff, seeks to bring some other properties for partition - It is needless to say that a third party to the suit, without being impleaded, cannot seek partition of different properties from that of properties sought by original plaintiff - It is nothing but changing very nature of prayer of suit - In such circumstances, if has any grievance, she is at liberty to file a fresh suit, but cannot seek partition of different properties of her choice in another suit wherein she is not impleaded - Case and also principle enunciated in cases cited supra, this Court is of view that when grant of impleadment in circumstances narrated above and at this belated stage when evidence of material witnesses on both sides is already over as well as documentary evidence is already tendered is liable to be dismissed, grant of present amendment as sought for at this stage of proceedings would cause serious prejudice to contesting respondents and hence it is in interest of justice that amendment sought for be denied - Civil Revision Petitions are allowed - Miscellaneous petitions, if any pending in these Civil Revision Petitions shall stand closed.
JUDGMENT
T.Amarnath Goud, J. - All these Civil Revision Petitions, under Article 227 of the Constitution of India, are filed aggrieved by the orders dated 04.09.2019 passed in I.A.Nos.803 of 2019 and 804 of 2019 in O.S.No.66 of 2014 on the file of the Judge, Family Court-cum-VII Additional District Court, Medak at Sangareddy. Since the point involved in all these Civil Revision Petitions is one and the same, all these Civil Revision Petitions are disposed of by this common order.
2. The factual matrix that led to the filing of all these Civil Revision Petitions is as follows:
3. Plaintiff is the son of the first defendant through his second wife (Smt.Suneetha). Defendant Nos.2 and 3 are son and daughter of the first defendant through his first wife (Smt. late Pushpa).
4. The plaintiff-Master B. Nandi Vardhan Reddy who is aged about 8 months, represented by his mother and natural guardian by name B. Sunitha, filed O.S.No.66 of 2014 before the trial Court, seeking a preliminary decree for partition and separate possession of the suit A to D schedule properties into four equal shares and for allotment and possession of 1/4th such share to him and for a consequential declaration that certain documents are null and void and not binding on him to the extent of his share and also to pass a final decree by appointing an advocate commissioner to divide the suit schedule A to D properties by metes and bounds into four equal shares and to put him in possession of his legitimate share.
5. While the suit is pending and at the stage issues were framed and the evidence of the plaintiff as well as the first defendant in the suit was over, one Smt. B.Venkatamma, who is the paternal grandmother of the plaintiff, filed I.A.No.804 of 2019 in the said suit under Order 1 Rule 10 (2) r/w Section 151 CPC and also under Rule 28 of Civil Rules of Practice to implead her as plaintiff No.2 in the suit. Her claim is that the plaintiff filed the suit without knowledge that she is also having 1/3rd share in the properties inherited by her father-in-law- Hanumantha Reddy and that she, out of love and affection, had gifted her undivided 1/3rd share in favour of the plaintiff under registered gift settlement deed and the same was accepted. Therefore, she is necessary and proper party to the suit. The petitioner Smt.B.Venkatamma filed another petition i.e. I.A.No.803 of 2019 under Order VI Rule 17 r/w Section 151 CPC and under Rule 28 of the Civil Rules of Practice for consequential amendments in the plaint. Both the petitions were opposed by respondent Nos.3, 9, 10 and 11 by filing separate counters.
6. The trial Court, having considered the rival contentions, observed that said Smt.B.Venkatamma, who is the wife of late B.Hanumanth Reddy, i.e. paternal grandfather of the original plaintiff, is a necessary and proper party to the suit filed by the original plaintiff, seeking partition and accordingly allowed I.A.No.804 of 2019. The trial Court by further observing that since I.A.No.804 of 2019 was allowed permitting the petitioner to come on record as plaintiff No.2, allowed the I.A.No.803 of 2019 also as the petitioner filed the petition seeking consequential amendment in the plaint consequent to her impleading as plaintiff No.2 in the suit.
7. Aggrieved thereby, one Mr.P.Mahender Reddy, the 10th respondent in his individual capacity and also in the capacity of Director of the 9th respondent - M/s. Raja Pushpa Properties Pvt. Ltd., filed Civil Revision Petition Nos.2608 of 2019 and 2551 of 2019 respectively. Similarly, aggrieved by the very same orders, the third respondent in both the I.As by name B.Srikar Reddy filed Civil Revision Petition Nos. 2915 of 2019 and 2896 of 2019 respectively.
8. It is pertinent to note that the original plaintiff did not oppose the orders passed by the trial Court in the above two I.As.
9. Sri P.Venkat Reddy, learned counsel for the petitioners in Civil Revision Petition Nos.2608 and 2551 of 2019, contended that the first respond