HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY CIVIL REVISION PETITION NO. 2824 OF 2023

ORDER:

The Civil Revision Petition is filed assailing the order, dated

20.06.2023, passed by the II Additional District Judge Ranga Reddy District at L.B.Nagar in I.A.No.824 of 2020 in O.S.No.545 of 2014, whereby and where under application filed by the petitioners under Order I Rule 10 of CPC to implead them as defendants in the suit was dismissed.

2. Heard M.Rama Krishna, learned counsel for the revision petitioners and K.Sreenivas, learned counsel for respondents Nos.1 and 2.

3. Brief facts relevant for adjudication of the present Civil Revision Petition are that respondent Nos.1 and 2/plaintiffs filed a suit in O.S.No.545 of 2014 against the respondent Nos.3 to 6 herein for partition and separate possession in respect of the suit schedule “A” to “F” properties. Respondent Nos.3 and 5 entered appearance and filed their respective written statements in the suit.

4. During the pendency of the suit, petitioners filed an application vide I.A.No.824 of 2020 seeking to implead them as defendant Nos.5 to 8 in the suit to contest for protecting their rights over the ‘B’ schedule property i.e., agricultural land admeasuring to an extent of Ac.1.39 guntas in Sy.No.180/A; Acs.1.23 guntas in Sy.No.181/AA, Acs.4.24 guntas in Sy.No.184/EE, totally admeasuring Acs.8.06 guntas situated in Yeliminedu Village, Ibrahimpatam Mandal, Ranga Reddy District, being acquired by Balaram Reddy under a family arrangements.

5. In the application, petitioners averred that originally, in and around 1945, Manchi Reddy Hanuma Reddy and Manchi Reddy Ram Reddy jointly purchased the agricultural dry land to an extent of Acs.28.15 guntas in Sy.Nos.180 and 181 situated at Yeliminedu village along with other lands in various survey numbers, which were partitioned into equal shares; that Hanuman Reddy got Acs.14.07 guntas in Sy.No.180 and Ram Reddy got Acs.14.08 guntas in Sy.Nos.180 and 181 and they are in possession of their respective shares. The land in Sy.No.183 and 184 is the ancestral property fell to the share of Ram Reddy.

6. It is averred that late Manchi Reddy Ram Reddy has four sons namely late Achi Reddy, late Papi Reddy, late Chenna Reddy and late Bhupal Reddy and they orally divided the lands along with the lands in Sy.No.180, 181, 182, 183 and 184 through a family agreement and subsequently, the family arrangement was reduces into writing in the presence of elders on Telugu date of Jesta Sudha Chathurdasi, Manmadhanama Samvatsaram, which is equivalent to the year 1955. As per the family arrangement, Chenna Reddy acquired Acs.7.04 guntas of land in Sy.Nos.180 and 181 and remaining acs.7.04 guntas in Sy.No.181 is acquired by Papi Reddy and Achi Reddy and Bhupal Reddy were allotted lands in Sy.No.183 and 184.

7. During the years 1970 to 1975 another family arrangements was made with regard to the house property i.e., the Schedule “E” house property i.e., Door No.3-32 in 400 Sy.Yards, situated in Yeliminedu Village, Ibrahimpatam Mandal, Ranga Reddy District and only the construed portion of the house is allotted to Balram Reddy, who is the son of Achi Reddy and the open land abutting to the house is allotted to other three sons. Therefore, only the constructive portion is available for possessive portion among the legal heirs of Achi Reddy. Thus, the land in schedule “B” property is not available for partition since Balaram Reddy do not possess any land in Sy.Nos.180, 181 and 184 and that the petitioners have direct interest over the land shown in schedule “B” property and therefore, they filed the application to implead them as defendants in the suit to protect their right in the property.

8. In the said application, respondent Nos.1 and 2/plaintiffs filed counter resisting the application. The trial Court vide order dated 20.06.2023 dismissed the application. Aggrieved by the impugned order dated 20.06.2023, the present revision is filed.

9. Learned counsel for petitioners c