The court emphasized the necessity of including all parties with direct interest in a suit for comprehensive adjudication, rejecting the exclusion based solely on prior dismissals.

JUDGMENT :

Kunuru Lakshman, J.

1. Heard Mr. Didugu Gopalakrishna, learned counsel for the appellants, Sri M.Surender Rao, learned Senior Counsel, representing Sri Zeeshan Adnan Mahmood, learned counsel appearing for respondent Nos.1 to 6, Sri Harender Pershad, learned Special Government Pleader appearing for respondents 7 to 11. None appears for respondent No.12.

2. Feeling aggrieved and dissatisfied with the order dated 31.03.2023 in I.A.No.3 of 2022 in W.P.No.22032 passed by the learned Single Judge, the appellants herein preferred the present appeal under Clause 15 of Letters Patent.

3. W.P.No.22032 of 2022 was filed by respondents 1 to 6 herein to declare the action of respondent No.1 therein in not issuing a certificate as required under Section 5(a) (4) of the TELANGANA RIGHTS IN LAND AND PATTADAR PASS BOOKS ACT , 1971 (for short 'the Act, 1971') to them pursuant to the regularization proceedings vide Rc.No.B/1336/2011, dated 02.04.2012 as illegal and for a consequential direction to issue regularization certificate to the petitioners and also to update the same in the manual and electronic revenue records in respect of land admeasuring Ac.74.30 gts., situated in Sy.No.1007 of Kukatpally Village, Balanagar Mandal, Ranga Reddy District (for short, 'the subject property').

4. In the said writ petition, the appellants herein have filed I.A.No.3 of 2022 seeking to implead them as respondents to the said writ petition. Vide common order dated 31.03.2023, learned Single Judge dismissed the said application along with I.A.2 and 4 of 2022. Feeling aggrieved by the same, the appellants herein preferred the present writ appeal.

5. Respondents 1 to 6 herein/writ petitioners filed the aforesaid writ petition claiming that their predecessor in title namely Pilli Balaiah s/o Danaiah, purchased the land admeasuring Ac.81.00 guntas, situated in Sy.No.1007 of Kukatpally Village, Balanagar Mandal, Ranga Reddy District, under a unregistered sale deed dated 04.04.1974 from one Nawab Mir Fazeelath Hussain, and he has been in possession and enjoyment of the said land even prior to 1962 under an agreement of sale in respect of the subject land. Grand daughters of said Pilli Balaiah filed O.S.No1121 of 2012 seeking partition. The said suit was decreed on 20.03.2015. They have also filed I.A.No.508 of 2016 seeking appointment of Advocate Commissioner and the same was allowed on 10.01.2017. Challenging the said order, 12th respondent herein filed a revision vide CRP No.1530 of 2017 by seeking leave vide CRPMP No.2024 of 2017. The said application was dismissed. Feeling aggrieved by the same, he has preferred SLP and the same was also dismissed by the Apex Court on 07.05.2018.

6. 12th respondent herein also filed a suit vide O.S.No.3306 of 1984 and could not succeed in the same. Pilli Balaiah approached 7th respondent by way of making an application under Section 5(A) of the Act, 1971 seeking regularization. Vide proceedings No.B/5509 of 1990, dated 09.06.1995, 1st respondent regularized the validity of the said purchase made by Pilli Balaiah under unregistered sale deed. 7th respondent also issued proceedings No.B/1336/2011, dated 02.04.2012 confirming rights of respondent 1 to 6 being the legal heirs of Pilli Balaiah. 7th respondent also ordered for mutation of the names of the respondents 1 to 6 in revenue record for their respective shares.

7. In spite of the said proceedings dated 02.04.2012, 1st respondent failed to issue consequential regularization certi