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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
G.RADHA RANI
B.Sridhar – Appellant
Versus
A.Malliah – Respondent
| Table of Content |
|---|
| 1. ownership claims through unregistered deeds are contested. (Para 2 , 3) |
| 2. possession rights weigh in injunction suits regardless of ownership disputes. (Para 8 , 9) |
| 3. court discretion allows the addition of proper parties for comprehensive adjudication. (Para 12 , 15 , 16) |
ORDER :
G.RADHA RANI, J.
This Civil Revision Petition is filed by the petitioner-respondent No.1-plaintiff aggrieved by the order dated 21.01.2019 in I.A. No.114 of 2018 in O.S No.29 of 2018 passed by the VIII Junior Civil Judge, City Civil Court, Hyderabad.
2. The facts of the case are that the revision petitioner was the plaintiff in O.S No.29 of 2018. O.S. No.29 of 2018 was filed seeking the relief of perpetual injunction in respect of the suit schedule property bearing H.No.20-2-742/7, admeasuring 120 sq. yds., consisting of ground + two floors situated at Dood Bowli, Hyderabad, against respondent Nos.2 to 4, who were none other than the brother and sisters of the plaintiff. The specific case of the revision petitioner-plaintiff was that his deceased father late B.Surya Prakash purchased the suit schedule property from one Narasamma about 35 years ago and he passed away intestate on 14.06.2016.
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....
Third parties can be impleaded in injunction suits where their involvement is necessary for complete adjudication, helping avoid future legal conflicts.
A party cannot be impleaded in an ongoing suit against the wishes of the plaintiff unless they are deemed a necessary or proper party under Order 1 Rule 10 CPC.
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.
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