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K. LAKSHMAN
Gandhi Ajith – Appellant
Versus
Godavarthi Nageswara Rao – Respondent
ORDER :
Heard Mr. Kadaru Prabhakar Rao, learned counsel for the petitioner and Mr. Madiraju Prabhakar Rao, learned counsel for respondent No.1 and 2. According to learned counsel for the petitioner, respondent No.3 is not necessary party to the present revision.
2. This revision is filed under Article - 227 of the Constitution of India challenging the order dated 06.06.2023 in I.A. No.1 of 2023 in O.S. No.8 of 2018 passed by I Additional District Judge, Khammam, dismissing the petition filed under Order - I, Rule 10 (2) of C.P.C.
3. Respondent Nos.1 and 2 herein - Plaintiffs filed a suit vide O.S. No.8 of 2018 against respondent No.3 - defendant for specific performance of contract based on the agreement of sale dated 19.05.2016 in respect of suit schedule property bearing Municipal House No.4-8-4 Part, 4-8-4/1/2 Part and 4-8-4/1/2A part along with its place measuring 2705 square yards with constructed area of RCC roof measuring 7504.83 square feet and GI sheet roof measuring to an extent of 194.92 square feet vide plot Nos.4 Part, 5 and 6 in and out of Survey No.218 of Prakashnagar, Khammam Municipal Corporation, Khammam City and District.
4. During pendency of the said suit, the peti
In a suit for partition of property, all the members of the family, who have interest and claim over the joint family properties are required to be impleaded. However, if the plaintiff is not claimin....
The main legal point established in the judgment is that the impleadment of a party is not necessary if no legal right has been created in their favor, and their presence is not required to effective....
The main legal point established in the judgment is that the discretionary power to add parties under Order 1 Rule 10 of the Code of Civil Procedure should be exercised to ensure the effective adjudi....
Court cannot allow adjudication of collateral matters so as to convert a suit for specific performance of contract for sale into a complicated suit for title between the plaintiff/appellant.
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