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2025 Supreme(Telangana) 716

IN THE HIGH COURT OF TELANGANA 
K. SUJANA, J.
Puppala Suchitra - Appellant
Vs.
K. Preamchander Reddy - Respondent
Civil Revision Petition Nos.2527 Of 2022 & 429 Of 2023
Decided On : 23-01-2025

Advocates:
Advocate Appeared:
For the Appellant : D JAGAN MOHAN REDDY
For the Respondent: KOPPULA GOPAL

The court affirmed that a purchaser pendente lite is a necessary party in ongoing litigation to ensure all parties with legitimate interests are heard.

Headnote:(A) Civil Procedure Code, 1908 - Order I Rule 10 - Leave to file appeal - The trial court allowed the impleadment of respondents as necessary parties to avoid multiplicity of proceedings, relying on various judgments and principles laid down therein. (Paras 3, 4, 10, 11)

(B) Impleadment of parties - A purchaser pendente lite may be impleaded as a necessary party to safeguard their interests in the ongoing litigation, ensuring all parties with a legitimate interest are heard. (Paras 10, 12)

Facts of the case:
The respondents purchased the suit property from the plaintiff during the pendency of litigation. The trial court found them to be necessary parties to the suit to avoid multiplicity of proceedings.

Findings of Court:
The trial court acted within its discretion in allowing the impleadment of respondents, confirming that any decree would bind them as they purchased the property during litigation.

Issues: Primary issues included whether the respondents could be added as parties given that they purchased during the pendency of the suit.

Ratio Decidendi: The court ruled that a purchaser pendente lite is a necessary party and is entitled to challenge orders affecting their interests in ongoing litigation, supporting the principle of justice by allowing concerned parties to be heard.

Result: Civil Revision Petitions dismissed.

Table of Content
1. common parties in revision petitions (Para 1 , 2)
2. ownership dispute and impleadment principles (Para 3 , 5)
3. trial court's rationale for impleadment (Para 4)
4. conclusion and dismissal of the revision petitions. (Para 6)
5. arguments against impleadment of subsequent purchasers (Para 7 , 8)
6. respondents defend their right to appeal (Para 9)
7. legal standing of pendente lite purchasers (Para 10 , 11 , 12)
8. court's final verdict on revision petitions (Para 13)

ORDER :

K. Sujana, J.

Since the parties and lis involved in both the revision petitions are same, they were heard together and are being disposed of by this common order.

2. CRP.No.2527 of 2022 is filed challenging the order dated 20.07.2022 passed in IA.No.546 of 2021 in OS.No.162 of 2019 on the file of the Principal Junior Civil Judge, Ranga Reddy District, at LB.Nagar ; and CRP.No.429 of 2023 is filed challenging the order dated 10.01.2022 passed in IA.No.4 of 2021 in CMA.SR.No.8 of 2021 on the file of the Principal District Judge, at LB.Nagar, Ranga Reddy District.

CRP. No. 2527 OF 2022

3. The brief facts of the case are that the respondents herein filed IA.No.546 of 2021 in OS.No.162 of 2019 under Order I Rule 10 of CPC praying to implead them as plaintiff Nos.2 to 3 in the suit, stating that they purchased the suit schedule property from Plaintiff No.1 through a registered sale deed dated 09.09.2019. However, Defendants 1 to 4 claimed ownership of the property, alleging that they had purchased it from Ayesha Tabassum, who had acquired it from Syed Sami Ahmed. It was contended that Syed Sami Ahmed was an imposter who had created forged documents, including the sale deed and that defendant Nos.1 to 4 were aware of the pending suit and had purchased the property with knowledge of the dispute. On the other hand, the defendant Nos.1 to 4 claimed that they were the absolute owners and possessors of the plot, having purchased it from Ayesha Tabassum, and that they had constructed a compound wall and erected a gate on the property, and had obtained an electricity connection as well.

4. After hearing both sides, the trial Court considered the provisions of Order I Rule 10 of the CPC and the principles laid down in various judgments, such as, Ramesh Hirachand Kundanmal v. Municipal Corporation of Greater Bombay , [(1992) 2 SCC 524] , Raj Kumar v. Sardari Lal , [2004) 2 SCC 601] , Amit Kumar Shaw v. Farida Khatoon , [(2005) 11 SCC 403] , Kunna Ramulu v. Kunna Annapurnamma , 2002 (2) ALT 491, Pannala Renuka v. Kavali (Rajumouni) Venkataiah, 2006 (6) ALD 761 and held that the respondents herein were necessary parties to the suit and that their impleadment would avoid multiplicity of proceedings and allowed the petition, directing them to pay costs of Rs.2,000/- to the petitioners herein and to carry out amendments and file a neat copy of the plaint within 14 days.

CRP.No.429 OF 2023

5. The brief facts of this case are that the respondents herein who are third parties to IA.No.257 of 2019 in OS.No.162 of 2019 filed IA.No.4 of 2021 in CMA.SR.No.8 of 2021 under Section 151 of CPC seeking leave to file CMA against the order dated 30.01.2020 passed in the said IA., stating that they are the purchasers of the suit schedule property from the Plaintiff, and contended that they are the bona fide purchasers of the suit schedule property and have a strong case. On the other hand, the said plea was strongly opposed contending that the respondents herein are third parties to the suit and have no locus standi to file the appeal, and that they have no cause of action. The trial Court considered the provisions of CPC and the judgments rendered by the Hon’ble Supreme Court in V.N. Krishna Murthy v. Ravikumar , [2020 5 ALD 153 SC] and Raj Kumar v. Sardar Lal , [2004 (2) ALD 95 SC] and held that a stranger can appeal against a decree, only if he is aggrieved person whose rights are affected, and observed that the respondents herein are lis pendente transferees, having purc

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