The court recognized the need for impleading parties as necessary to ensure complete resolution of legal disputes under the Code of Civil Procedure, emphasizing avoidance of prejudice to lawful property owners.

ORDER :

1. This civil revision petition is filed by the petitioners/proposed defendant Nos.4 and 5 aggrieved by the order dated 15.09.2025 passed in I.A.No.213 of 2025 in O.S.No.139 of 2015 by the Senior Civil Judge at Adilabad. For the sake of convenience the parties hereinafter referred to as arrayed in I.A.No.213 of 2025.

2. I.A.No.213 of 2025 is filed by the petitioners under Order 1 Rule 10(2) of 151 of Code of Civil Procedure to implead them as proposed defendants 4 and 5 in O.S.No.139 of 2015. The suit in O.S.No.139 of 2015 was filed by the respondents 1 to 3 against respondents 4 to 6 for declaration of title and recovery of possession. The legal heirs of the deceased Respondent No.6 herein have filed O.S.No.14 of 2025 seeking cancellation of the Judgment and Decree dated 08.06.2016 passed in O.S.No.139 of 2015, and for delivery of possession. It is submitted that upon receipt of summons in O.S.No.14 of 2025, the petitioners herein made inquiries with respondents No.4 and 5, who are their vendors. During such inquiry, respondents No.4 and 5 informed them about the pendency of the above suit proceedings, the passing of the ex parte decree dated 08.06.2016, and the related proceedings before this Court. Thus, through the information furnished by respondents No.4 and 5, the petitioners came to know about filing of the above suit, whereupon they immediately engaged the present counsel who is also representing respondent Nos.4 and 5 before this Court in C.R.P. No. 2845 of 2017 and C.M.A. No. 6 of 2024. The present counsel is also appearing for respondent Nos.4 and 5 herein in O.S. No.14 of 2025 pending before the learned Senior Civil Judge, Adilabad.

3. It is further stated that after coming to know about the present suit through the plaint proceedings in O.S. No.14 of 2025, the petitioners instructed their present counsel, who is appearing for them as well as for respondent Nos.4 and 5, to file the present petition. It is further submitted that O.S.No.139 of 2015 was initially decreed ex parte on 08.06.2016 against respondent Nos.4 to 6, notwithstanding the fact that respondent No.6 had died long prior to filing of the suit. Respondent Nos.4 and 5 thereafter filed I.A. No.19 of 2017 under Section 5 of the LIMITATION ACT seeking condonation of delay of 195 days in filing a petition to set aside the ex parte decree dated 08.06.2016, along with the petition to set aside the said ex parte decree. The trial Court, by order dated 19.01.2017, dismissed I.A.No.19 of 2017. Aggrieved thereby, Respondent Nos.4 and 5 preferred C.R.P. No.2845 of 2017 and the same was allowed on 24.08.2023. Consequent thereto, I.A. No.62 of 2024 filed by respondent Nos.4 and 5 for setting aside the ex parte decree dated 08.06.2016 was dismissed on 10.06.2024. Aggrieved thereby, respondent Nos.4 and 5 preferred C.M.A. No.6 of 2024 before the Hon’ble Principal District Judge, Adilabad, and the said appeal was allowed by judgment dated 02.12.2024. Assailing the orders dated 02.12.2024 passed in C.M.A. No.6 of 2024, Respondent Nos.1 to 3 preferred C.R.P. No.1449 of 2025 before this Court, and the said revision is pending adjudication. After allowing of C.M.A. No.6 of 2024, respondent Nos.4 and 5 filed their written statements denying the claims and contentions of respondent Nos.1 to 3. They have specifically contended in their written statements that the agricultural land admeasuring Ac.4.00 guntas was sold to the present petitioners under a registered sale deed dated 31.03.2007 vide Document No.1489 of 2007 by respondent No.4; and similarly, agricultural land admeasuring Ac.2.00 guntas was sold to the petitioners under a registered sale deed dated 08.10.2007 vide Document No.4451 of 2007 by responden