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NAGESH BHEEMAPAKA
Ileni Venkat Malla Reddy – Appellant
Versus
Vangala Pratap Reddy – Respondent
ORDER :
Nagesh Bheemapaka, J.
Respondent No.1 herein is the plaintiff. He filed O.S. No. 461 of 2023 on the file of the Principal Junior Civil Judge, Jangaon seeking permanent injunction restraining Defendants 1 and 2 from interfering with the suit schedule property. Along with the suit, he filed I.A.No.575 of 2023 and obtained ex parte injunction. Thereafter, revision petitioner - proposed defendant No. 3 had taken out I.A. Nos. 148 and 149 of 2024 under Order 1 Rule 10(2) CPC seeking his impleadment in I.A.No.575 of 2023 and O.S.No.461 of 2023 respectively. Petitioner, inter alia, contended that he is the absolute owner and possessor of land admeasuring 8404.75 square yards in Survey Nos. 13/E1, 123/E2 and 125/D1 situated at Venkateshwara Colony, Shameerpet Village, Jangaon Mandal and District, through a registered sale deed dated 29.10.2015; subsequently he also sold away some plots to various purchasers. It is stated that vendor of plaintiff on the basis of sham and bogus documents, filed O.S.No.287 of 2015 against third parties on the file of Additional Junior Civil Judge at Jangaon in respect of the suit schedule property; subsequently by order in I.A.No.5 of 2017 withdrew the
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.
Third parties can be impleaded in injunction suits where their involvement is necessary for complete adjudication, helping avoid future legal conflicts.
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....
A subsequent transferee with a registered sale deed must be allowed to protect her interests in ongoing litigation, demonstrating both necessity and direct interest in the subject matter.
A party can be impleaded if their presence is necessary for complete adjudication, affirming the plaintiff's authority in selecting parties to sue.
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....
The court clarified the criteria for necessary parties under Order 1 Rule 10 of the Code of Civil Procedure, emphasizing that a party's independent claim does not warrant inclusion in a suit if it do....
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