- (1.)Heard Sri Y.V. Ravi Prasad, learned Counsel for the petitioner.
(2.)Sri Y.V. Ravi Prasad states that respondents 2 to 5 had been served and proof of service also had been filed. But, none represents the respondents. The learned Counsel placed strong reliance on the decision of the Apex Court in Amit Kumar Shaw and Anr. v. Farida Khatoon and Anr., and would maintain that an alienee pendente lite also can be brought on record. The Counsel also would maintain that since the petitioner/ alienee pendente lite is the purchaser from the legal representatives of the original plaintiff and since the parties having parted with the property may not be interested in further prosecuting the litigation, to safeguard his interest, such party to be added as a party to further prosecute the appeal. The learned Counsel also would maintain that here is a case where no counter had been filed and the application had not been opposed even before the learned Senior Civil Judge, Tadepalligudem. But however, the learned Judge after recording certain reasons observed that after a lapse of about 9 months of the purchase, the application had been filed and also after observing that the same is a suit for injunction simplicitor and hence there is no need of allowing the application, ultimately dismissed the said application. The Counsel would maintain that this approach adopted by the learned Senior Civil Judge, Tadepalligudem is not just and proper and in the facts and circumstances of the case, the application to be allowed and the petitioner to be permitted to come on record.
(3.)The civil revision petition is filed by the proposed third party who filed the application IA No. 1 175/2006 in AS No. 14/ 2002 on the file of Senior Civil Judge, Tadepalligudem. The application was filed by the revision petitioner under Order I Rule 10 of the Code of Civil Procedure to add him as 4th appellant in the appeal, being the subsequent purchaser of the plaint schedule property. The said application was dismissed. Hence the present civil revision petition had been preferred.