Choudhary & Ors. Vs. B.Baliah (D) Th. LRS. & Ors.  INSC 687 (2
JURISDICTION CIVIL APPEAL NO.2150 OF 2009 (Arising out of S.L.P. (C) No.25154
of 2005) P. Vijayalakshmi Choudhary & Ors. ...Appellant(s) Versus B. Baliah
(Dead) Thr. L.Rs. & Ors. ...Respondent(s) O R D E R Leave granted.
The suit filed by
respondent Nos.1 and 2 for declaration of title and absolute ownership of land
admeasuring Ac.0.35 gts in Survey No.129/56 of Kanchatatti Khana, Jubilee
Hills, Sheikpet village, Hyderabad and for restraining defendant Nos. 1 to 6
from interfering with their possession was decreed by the Trial Court.
Defendant Nos.5 and 6 challenged the same in C.C.C.A. No. 47 of 1991.
During the pendency
of the appeal, the appellants purchased the suit land under three separate sale
deeds dated 03.10.1997 and then applied for their impleadment as appellant
Nos.6 to 8 by filing an application under Order 1 Rule 10 CPC. By the impugned
order, the High Court dismissed the application by observing that the land
which was subject matter of the suit is not shown to have been purchased by the
applicants (appellants herein).
We have heard learned
counsel for the parties and perused the record. In our view, in the facts and
circumstances of the present case, the High Court was not ... justified in
rejecting the prayer made on behalf of the appellants.
appeal is allowed, impugned order is set aside and the prayer for impleadment
made on behalf of the appellants in the appeal pending before the High Court is
granted. Let the appeal be now disposed of on merits in accordance with law.
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