THE HONOURABLE SRI JUSTICE B.PRAKASH RAO Dated:11th February 2010 C.R.P.No.3677 of 2008 Between: Narne Sivaiah …Petitioner And Mannava Maheswara Rao and ors …Respondents THE HONOURABLE SRI JUSTICE B.PRAKASH RAO C.R.P.No.3677 of 2008 O R D E R: Heard the learned counsel and at their request the revision itself is taken up for disposal. The petitioner is a proposed party who seeks to assail the order dismissing an application purported to have been filed under Order 1 Rule 10 of the Code of Civil Procedure where under he sought to be impleaded in the suit. Briefly, the facts are that the suit is filed for a comprehensive relief of declaration and grant of injunction. The petitioner herein claims to have purchased the property, which is the subject matter. Earlier he filed I.A.No.967 of 1998 for similar such relief and the same was dismissed on 4- 11-2004 on the ground that he is not a necessary party and he purchased the property only under an agreement of sale and therefore in the absence of regular sale deed he cannot come on record. Now the Court below dismissed the similar such second application filed by the petitioner on the ground that earlier such application has been dismissed, and therefore, the present application does not merit consideration. Hence, the revision. Considering the submissions and material placed on record, it is seen that the earlier application itself does not appear to be appropriate one since the effect of Section 53 of the Transfer of Property Act has not been taken into consideration. Even other wise, it is seen from the said order that the dismissal is only on the ground that he does not have a registered sale deed. Now that he has got registered sale deed in his favour, there cannot be any impediment to come on record. In view of the same, I do not find any justification legally or otherwise in the order under challenge. The revision is accordingly allowed. Consequently I.A.No.187 of 2006 in O.S.No.140 of 1996, on the file of the III Additional Senior Civil Judge (FTC), Guntur stands allowed. No costs. _______________ B.PRAKASH RAO,J 11th February 2010 Grk THE HONOURABLE SRI JUSTICE B.PRAKASH RAO C.R.P.No.3677 of 2008 11th February, 2010