KUNURU LAKSHMAN, SUJANA KALASIKAM
Munirunnisa Begum – Appellant
Versus
Pilli Mallaiah – Respondent
| Table of Content |
|---|
| 1. writ petition regarding land regularization (Para 2 , 3 , 4 , 5 , 6 , 8) |
| 2. nature of documents in land disputes (Para 10 , 11 , 12 , 13) |
| 3. parties' arguments concerning impleadment (Para 14 , 15 , 16) |
| 4. criteria for impleading parties under cpc (Para 17 , 18 , 19 , 20 , 21 , 22 , 24) |
| 5. court's discretion in impleading necessary parties discussed. (Para 23) |
| 6. final ruling on writ appeal (Para 29 , 34 , 37) |
| 7. judgment on appeal regarding party interest (Para 30 , 31 , 32 , 35 , 36) |
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 the
Amit Kumar Shaw Vs. Farida Khatoon (2005) 11 SCC 403
Anil Kumar Singh v. Shivnath Mishra
Pureli Chandraiah Vs. Joint Collector Karimnagar District
Ramesh Hirachand Kundanmal vs. Municipal Corporation of Greater Bombay (1992) 2 SCC 524
Razia Begum Vs. Anwar Begum AIR 1958 SC 886
VidurImpex and Traders Pvt. Ltd. vs. Tosh Apartments Pvt. Ltd. (2012) 8 SCC 384
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.
Unregistered agreements do not create any right in favor of the parties and may not be admissible in evidence.
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....
The High Court's supervisory powers under Article 227 are limited to ensuring subordinate courts act within their authority, and it cannot interfere without evidence of jurisdictional abuse.
Order 1 Rule 10 CPC casts duty upon court to ensure impleadment and deletion of party, which may or may not be necessary for adjudication of case.
The presence of a party whose presence is necessary to determine the real issue in controversy should be permitted in a civil suit. A suit for injunction can include parties whose presence would enab....
The court upheld the trial court's decision, emphasizing the principle of dominus litis and the criteria for necessary parties under CPC.
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