APHC010524192024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

THURSDAY,THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CIVIL REVISION PETITION NO: 2864/2024 Between:

1. T OTTEMPUDI DEVAKINANDANA, S/O. LAKSHMI NARAYANA (LATE), AGED 47 YEARS, OCC BUSSINESS, R/O. FLAT NO-401, SURYA VILAS APARTMENTS, OPP CANARA BANK, BALAJINAGAR, SIRIPURAM, VISAKHAPATNAM ...PETITIONER AND

1. P INNAMARAJU LAKSHMI REKHA, W/O. PINNAMARAJU SATYANARAYANA, AGED 38 YEARS, OCC HOME MAKER, R/O. D.NO.6-22-10/6, FLAT NO-401, NEELAKASH APARTMENTS, EAST POINT COLONY, VISAKHAPATNAM. .

2. M ALISETTY KANNAMMA, W/O LATE SUBRAHMANYAM, AGED 75 YEARS, OCC HOME MAKER, R/O. BADDAPUDIPALEM, PENDURTHI MANDAL, VISAKHAPATNAMDISTRICT.

3. M ALISETTY APPARAO, , S/O. LATE SUBRAHMANYAM, AGED 51 YEARS, OCC DRIVER APS RTC, R/O BUTHITAJIPALEM, 4TH WARD, VISAKHAPATNAM.

4. M ALISETTY SRINU, ( DIED)

5. M ALISETTY RAMANAMMA, W/O MALISETTY SRINU(LATE) AGED

51 YEARS,OCC HOME MAKER, R/O BADDAPUDIPALEM, PENDURTHI MANDAL, VISAKHAPATNAMDISTRICT.

6. M ALISETTY SURYAPRAKASH, S/O MALISETTY SRINU(LATE), AGED 28 YEARS,OCC PVT. SERVICE, R/O. BADDAPUDIPALEM, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT.

7. M ALISETTY DEVI, D/O MALISETTY SRINU (LATE), AGED 25 YEARS,OCC HOME MAKER, R/O. BADDAPUDIPALEM, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT.

...RESPONDENT(S):

Petition under Article 227 of the Constitution of India,praying that in the circumstances stated in the grounds filed herein,the High Court may be pleased toPleased to allow the CRP and SET-ASIDE the order dated 08.09.2021 passed by the XII Addl. District Judge At Visakhapatnam in I.A. No. 12 of 2021 in O.S. No. 295 of 2008 by impleading the petitioner as Defendant No.7 in OS No.295 of 2008 and pass IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to stay all further proceedingsthat O.S. No. 13 of 2022 on the file of the XII Addl. District Judge At Revision Petition, and Visakhapatnam, pending disposal of the main pass Counsel for the Petitioner:

1. KOLLURI ARJUN CHOWDARY Counsel for the Respondent(S):

1. V V SATISH The Court made the following:

THE HONOURABLE SMT JUSTICE V.SUJATHA CIVIL REVISION PETITION NO: 2864/2024

ORDER

The present Civil Revision Petition is filed against the order dated

08.09.2021 in I.A.No.12 of 2021 in O.S.No.295 of 2008 passed by the learned XII Additional District Judge, Visakhapatnam, dismissing the petition filed under Order I Rule 10 CPC by the revision petitioner, seeking to implead him as 7^th defendant in the suit O.S.No.295 of 2008.

2. The revision petitioner herein is the third party; 1^st respondent herein is the plaintiff, and respondents to 2 to 7 are defendants, in O.S.No.295 of 2008. For sake of convenience, the parties will be referred to, as they are arrayed before the Court below.

3. The plaintiff filed O.S.No.295 of 2008 against the defendants, for specific performance of an agreement of sale executed in favour of the plaintiff by the defendants and to direct the defendants to execute a registered sale deed as per the agreement dated 17.05.2004 by receiving balance sale consideration. The defendants filed their written statement resisting the plaintiff’s claim for specific performance. As per the contents of the affidavit of the revision petitioner, prior to the suit O.S.No.295 of 2008, he filed O.S.No.1291 of 2006 before the I Additional Senior Civil Judge, Visakhapatnam, against the defendants herein, for specific performance of an agreement of sale dated 23.08.2003 alleged to have been executed by the husband of the 1^st defendant and father of defendants 2 and 3 in respect of property an extent of Ac.3.81 cents covered by Survey No.41, R.S.No.70/P, Gandigundam village and also for injunction. The said suit was dismissed for default and thereafter, he filed I.A.No.997 of 2008 under Order IX Rule 9