THE HON’BLE SRI JUSTICE GODA RAGHURAM C.R.P.No. 3407 of 2011. ORDER: This revision is directed against the order dt. 22.6.2011 in I.A.No. 1036 of 2010 in O.S.No. 68 of 2006 passed by the learned IV Additional District Judge, Visakhapatnam. The revision petitioners filed the suit for partition of the suit schedule property and for allotment of one share each in their favour. The application I.A.No. 1036 of 2010 was filed for impleading two individuals as defendants 12 and 13 to the suit claiming that the 5th defendant along with his family members sold 235 sq. yards covered by S.No. 193/3 which is a part of plaint schedule property under a registered sale deed dt. 7.3.2007; that the plaintiffs issued a legal notice to the to the purchaser which was not responded to; recently they learnt that the defendants 3 and 4 at the instance of 5th defendant disposed of another extent of 584 sq. yards covered by S.No. 194/3 under a registered sale deed dt. 29.6.2007 in favour of the 2nd individual who is proposed to be impleaded as a defendant; that both the transactions are benami transactions; and that the defendants 3 to 5 have no right to sell the suit schedule property during the pendency of the suit. The court below rejected the application stating that the application was filed after the suit was heard in part and three witnesses examined on behalf of the plaintiffs and that since the suit is for partition and separate possession of joint family property and the proposed parties are not co- owners, the application is not maintainable. Since even according the affidavit filed in support of the application I.A.No. 1036 of 2010, the alienation in favour of the proposed parties is pendente lite, the petitioners/plaintiffs suffer no prejudice either. On the aforesaid analysis there is no error in the exercise of discretion by the court below, warranting interference in this revision under Article 227 of the Constitution. The revision petition is accordingly dismissed. There shall be no order as to costs. _______________________ GODA RGHURAM, J 09.09.2011. KRB. THE HON’BLE SRI JUSTICE GODA RAGHURAM C.R.P.No. 3407 of 2011. ORDER: Dt. 09.09.2011.