THE HONOURABLE SMT. JUSTICE P.SREE SUDHA C.R.P.No.2895 of 2024

JUDGMENT:

Heard both sides.

2. This petition is filed by the petitioners against the Order dated 05.06.2024 in I.A.No.09 of 2023 in O.S.No.16 of 2021 passed by the learned II Additional District Judge, Khammam.

3. Respondent No.1 herein had filed a suit vide O.S.No.16 of 2021, against petitioner Nos.1 to 4 for partition and separate possession of the suit schedule property. During the pendency of the suit, I.A.No.09 of 2023 was filed by respondent No.1 under Order I Rule 10 of C.P.C for impleading the proposed parties as defendant Nos.5 to 7 in the main suit and to permit them to contest the case for proper adjudication, but it was opposed by the learned counsel for the appellants on the ground that two prayers are sought in the same application and it is in contravention of Section 458 of Civil Rules of Practice and he has to file two (02) applications for two (02) reliefs and moreover the trial Court partly allowed the application for impleading them as parties in the main suit without discussing whether they are proper and necessary parties to the suit schedule property.

4. From perusal of the record, it reveals that I.A.No.02 of 2021 was partly allowed granting temporary injunction in respect of item Nos.1 and 2 of the petition schedule properties, restraining the respondents from creating any charge or alienating item Nos.1 and 2 of the petition schedule properties and dismissed regarding item Nos.3 to 14 vide order dated 20.10.2021. Aggrieved by the said Order, C.M.A.No.56 of 2022 was filed by the respondent No.1/plaintiff and the same was disposed of by a Division Bench of this Court vide order dated 22.02.2022 observing that the findings given by the trial Court in I.A.No.02 of 2021 does not influence the trial Court at the time of final disposal of the main suit.

5. Therefore, considering the said arguments, even as per the request of learned counsel for the petitioner, this Court finds that it is just and reasonable to set aside the impugned order of the trial Court passed in I.A.No.09 of 2023 in O.S.No.16 of 2021 and matter is remanded back to the trial Court for fresh disposal of the said I.A as expeditiously as possible.

6. In the result, this C.R.P is allowed. No order as to costs.

Miscellaneous petitions pending, if any, shall stand closed.

_________________________ JUSTICE P.SREE SUDHA DATE: 12.11.2024 Ssy