THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.3276 of 2009 (Dated 25-01-2010) Between; Narne Narasimhaiah S/o Ramaiah R/o Bollapalli, Martur Mandal, Prakasam District. ….Petitioner A n d Gottipati Lakshmamma W/o Subba Rao and others …Respondents THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.3276 of 2009 ORDER: This revision is directed against the order dated 21.03.2009 passed in I.A.No.256 of 2009 in O.S.No.13 of 2008 on the file of the Principal Junior Civil Judge, Addanki, whereby and whereunder the learned Junior Civil Judge dismissed the application filed by the petitioner under Order 1 Rule 10 and Section 151 CPC seeking his impleadment as 6th defendant in the suit and as 6th respondent in the injunction petition being I.A.No.147 of 2008. 2. Respondents 1 to 3 are the plaintiffs in O.S.No.13 of 2008. They filed the suit for injunction against respondents 4 to 8 who are defendants 1 to 5. The plaintiff also filed I.A.No.147 of 2008 seeking temporary injunction. Defendants 1 to 5 entered appearance and filed counter resisting the application. When I.A.No.147 of 2008 stood posted for orders, the petitioner filed I.A.No.256 of 2009 under Order 1 Rule 10 CPC and Section 151 CPC seeking his impleadment as 6th defendant in the suit and as 6th respondent in the injunction application being I.A.No.147 of 2008. The petitioner contended that he took the suit schedule property on lease from the 4th defendant on an annual maktha of Rs.4,000/- per acre and paid Rs.39,000/- towards maktha for the three years from the year 2007 to 2010. Therefore, he is a necessary party to the suit. 3. The plaintiffs filed counter resisting the application. It is the plea of the plaintiffs that their father filed a suit being O.S.No.34 of 1988 against the 1st defendant-4th respondent herein and obtained a decree and he came into possession of the properties through the process of the Court on 26.12.2005. 4. The trial Court considered the material brought on record and proceeded to dismiss the application, by order dated 21.03.2009. Hence this revision. 5. Notice before admission came to be ordered on 24.7.2009. The respondents 1 to 3 entered appearance through a counsel. Despite notice being served on respondents 4 to 8, they did not choose to enter appearance either in person or through a counsel to resist the revision. 6. Heard learned counsel appearing for the petitioner and learned counsel appearing for the respondents 1 to 3-plaintiffs. 7. Learned counsel appearing for the petitioner submits that the petitioner being a tenant of the suit schedule property, his rights are likely to be effected by the judgment/order to be passed in the suit, and therefore, he is a necessary party to the proceedings. 8. Learned counsel appearing for the respondents 1 to 3 submits that the petitioner is claiming right through respondent No.4 and since the 4th respondent suffered a decree in O.S.No.34 of 1988 and the suit schedule property came to be delivered on 26.12.2005 through process of Court to the father of the petitioners 1 to 3 who are plaintiffs 1 to 3, the question of petitioners being tenants of the premises having taken on lease from respondent No.4 on 01.05.2007 cannot be accepted. 9. Indisputably, respondent No.4 suffered decree in O.S.No.34 of 1988. The father of the respondents 1 to 3 herein, who are the plaintiffs in the suit, obtained possession of the suit schedule property through the process of Court on 26.12.2005. Therefore, the question of 4th respondent leasing the suit schedule property to the petitioners on 01.05.2007 cannot be accepted. The trial Court considered the material brought on record in right perspective and proceeded to dismiss the application. I do not see any flaw in the order passed by the trial Court warranting interference of this Court in exercise of powers under Article 227 of the Constitution of India. 10. Accordingly, the Civil Revision Petition fails and the same is hereby dismissed. No costs. _____________________ B.SESHASAYANA REDDY, J Dt.25-01-2010 RAR THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.3276 of 2009 DATED : 25-01-2010