IN THE HIGH COURT OF ANDHRA APHC010605482025 PRADESH [3311]

AT AMARAVATI (Special Original Jurisdiction)

Tuesday, the seventeenth day of February two thousand and twenty six Present The Honourable Ms. Justice B. S. Bhanumathi Civil Revision Petition No.3217 of 2025 Between:

Lingala Venkata Reddy ...Petitioner and Anke Koteswaraiah and others ...Respondents Counsel for the petitioner:

1. Ineni Venkata Prasad Counsel for the respondents:

Nil The Court made the following:

ORDER:

This revision petition under Article 227 of the Constitution of India is filed against the order, dated 23.10.2025, allowing I.A.No.390 of 2025 in O.S.No.54 of 2012 on the file of the Court of the Civil Judge (Senior Division), Kadiri, filed under Order I, Rule 10 C.P.C. to implead the petitioner therein, by name, Anke Koteswaraiah, as plaintiff No.7, seeking the following consequential amendment.

Proposed plaintiff No.7:

7) Anke Koteswaraiah S/o Anke Musalappa, aged about 50 years Agriculturist, residing at Door No.3-127- A, Ankevaripalli, H/o. Bonala. Lingala Mandal, YSR District.

List of Document:

Registered sale deed dated 21-12-2011 vide document No.9501/2011 executed by the respondent No.1 (plaintiff No.1) in favour of the petitioner (proposed plaintiff No.7).

2. Initially, the sole plaintiff filed a suit in O.S.No.54 of 2012 on the file of the Court of the Civil Judge (Senior Division), Kadiri. On the death of the sole plaintiff, the plaintiffs Nos.2 to 5 were brought on record as her legal representatives. The plaintiff No.6 and defendant No.2 were brought on record as the legal representatives of the deceased plaintiff No.4. The suit was filed against the revision petitioner / defendant No.1 seeking cancellation of the gift deeds bearing Nos.8707 of 2011, 8708 of 2011, both dated 28.11.2011, executed by the plaintiff No.1 in favour of the defendant No.1 in respect of the plaint schedule property of Ac.1.02 cents in Sy.No.87 within the limits of Mukkandlavari Kothapalle revenue, Mukkandlavari Kothapalle Grama Panchayat, Obuladevara cheruvu Mandal, Ananthapur district. The gift deeds were executed by the plaintiff No.1 in favour of the defendant No.1 on 28.11.2011, but the plaintiff No.1 again executed deeds of cancellation of the gift deeds on 29.11.2011 vide documents Nos.8720 of 2011 and 8721 of 2011. In spite of execution of the deeds of cancellation, the suit was filed stating that these documents have to be cancelled through Court.

3. The respondent No.1 herein who filed I.A.No.390 of 2025 contended that the plaintiff No.1 sold the suit schedule property to him for valid consideration under a registered sale deed, dated 21.12.2011 and inducted him in possession of the property and therefore, he is a party interested in the relief claimed in the suit and that he had come to know about the suit recently before filing the petition in the year 2025. Claiming himself to be a bona fide purchaser, to safeguard his rights and interest in the property, he claimed to be advised to file the petition. 4. The respondents Nos.1 to 6 reported no counter while the petition was opposed by filing counter of revision petitioner / respondent No.7 /

defendant No.1 as follows:

The allegations in the affidavit of the petitioner are false. The petition was filed suppressing all the material facts and without having any right and title in the property. The alleged sale deed, dated 21.12.2011 is false, fictitious and created. The plaintiff No.1 has no right or title to execute the registered sale deed in favour of the petitioner after execution of the registered gift deeds in favour of the defendant No.1. The petition is filed only to drag on the suit. The petition is liable to be dismissed.

5. The other respondents have not filed counter.

6. After hearing the petitioner and the respondent No.7 / defendant No.1, the trial Court allowed the petition observing that the petitioner is a proper party and that unless he is impleaded as a party to the suit, it would lead to multiplicity of