Petitioner, impleading applicant in O.S.No.273/2022 to

come on record as additional defendant is before this Court

aggrieved by the rejection of application filed by him under

Order 1 Rule 10(2) of CPC to come on record as additional

defendant in the above stated suit.

Heard learned counsel Sri. Mahabaleshwara Rao for

the petitioner at length and perused the petition papers.

The suit is one for partition and possession of the

suit schedule properties. Learned counsel for the petitioner

would submit that the defendants in the suit have remained

absent and they are placed exparte. In the said circumstances,

the petitioner filed an application under Order 1 Rule 10(2) of

CPC to come on record as additional defendant in the above

stated suit. Learned counsel would submit that respondent No.3

herein who is defendant No.2 before the trial court executed

agreement dated 10.05.2013 agreeing to sell suit schedule

item No.1 of 'B' schedule property. It is also stated in the

agreement that defendant No.2 has received Rs.10.00 lakhs

out of the total sale consideration of Rs.11.00 lakhs. Learned

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counsel would submit that since defendant No.2 has executed

agreement to sell in favour