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2024 Supreme(Online)(AP) 14323

HIGH COURT OF ANDHRA PRADESH
B.S. BHANUMATHI, J
LOKAM KRISHNARJUNA RAO – Appellant
Versus
CHELAMKURI SARASWATHI VANI – Respondent


O R D E R:

This Civil Revision Petition is filed under Article 227 of the Constitution of India against the order dated 09.10.2023 rejecting the petition in SR No.2254 of 2023 in unnumbered I.A.No. of 2023 in O.S.No.34 of 2017 on the file of the court of III Additional District Judge, Bhimavaram filed by the third party under Order I Rule 10 CPC to implead the petitioner as the 2nd defendant in the suit filed by the 1st respondent/plaintiff for specific performance against the 2nd respondent/defendant, on the ground that the petitioner has interest in the property under tenancy from the second respondent. The petitioner alleged that the suit was filed due to collusion between the respondents. 2. The trial Court rejected the petition, upon hearing on the office objection on the question of maintainability in a suit for specific performance of agreement of sale between the respondents no.1 and 2, holding that the plaintiff is the master of the lis and there is no cause of action for the plaintiff against the petitioner and right, if any, of the petitioner exists in the suit schedule property, the same need not be decided while adjudicating the claim in the present suit.

3. Aggrieved b

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