IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR CIVIL REVISION PETITION No.5975 OF 2008 BETWEEN G. Prema. …PETITIONER AND S.K. Rajesh and six others. …RESPONDENTS Counsel for the petitioner: MR. K. G. KRISHNA MURTHY Counsel for the Respondents 1 & 2: MR. S.V. BHATT The Court made the following: - ORDER: Petitioner’s application in I.A.No.1160 of 2007 in O.S.No.227 of 1997 before the Junior Civil Judge, Palamner, for impleadment in a suit for declaration and injunction was dismissed by order dated 17.11.2008. 2. Heard both sides. 3. The trial Court dismissed the said application apparently under a misconception that the suit in question is one for injunction whereas the suit, in fact, is one for declaration of title and for consequential injunction. The defendants, who are the brothers of the present petitioner, have sold the suit schedule property to the plaintiffs in the suit. The petitioner now seeks to claim that she is entitled to a share, as the said property belongs to the father of the plaintiffs’ vendor and herself. 4. It is apparent from the record that the plaintiffs i.e. the respondents herein does not seek any relief against the petitioner and as such, the petitioner cannot force herself on the plaintiffs to seek her impleadment as one of the defendants. Secondly, the nature of the claim sought to be made by the petitioner would necessarily enlarge the scope of the suit, which is not permissible. I am, therefore, of the opinion that the impugned order of the trial Court is sustainable but for the reasons as mentioned above. The revision petition is liable to be dismissed and is accordingly dismissed. However, this shall not preclude the petitioner from instituting appropriate proceedings in accordance with law, if she is so advised. Since the suit in question is of the year 1997, the trial Court shall expeditiously hear and dispose of the suit preferably by 31.12.2010. There shall be no order as to costs. _____________________ VILAS V. AFZULPURKAR, J September 6, 2010 DSK