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
| 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 ,
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
Ramesh Hirachand Kundanmal v. Municipal Corporation of Greater Bombay
Amit Kumar Shaw v. Farida Khatoon
V.N. Krishna Murthy v. Ravikumar
National Insurance Company Limited Vs. Pranay Sethi and Others
Kesari Goutham Reddy v. Velpula John Victor Macaulay
The court affirmed that a purchaser pendente lite is a necessary party in ongoing litigation to ensure all parties with legitimate interests are heard.
A pendente lite purchaser can be added as a party to ongoing litigation to protect substantial interests, and such applications should typically be granted without prejudice.
The court emphasized that a transfer pending litigation is not void but subservient to the ongoing suit, affirming judicial discretion to allow impleadment to protect bona fide purchasers' rights.
Pendente lite purchasers must seek leave under O.XXII R.10 CPC to continue suit, not implead via O.I R.10(2).
Pendente lite purchasers from co-owners are necessary parties in partition suits, and sales executed after the expiration of interim injunctions are valid and subject to the suit's outcome.
A subsequent purchaser of property cannot claim right to appeal if the purchase violates an existing temporary injunction, reinforcing principles of lis pendens and judicial integrity.
The doctrine of lis pendens prevents a subsequent purchaser from acquiring rights in property under litigation; such purchasers are not necessary parties to the suit.
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