THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.5552/2010 Date of Order: 24-12-2010 Between: Potluri Madhu Babu ..Petitioner and Gottupalli Rama Rao ..Respondent The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.5552/2010 Oral order: This revision is filed under Art. 227 of the Constitution of India to revise the orders of the V Additional District Judge, Vijaywada, Krishna District dt. 17-8-2010 passed in IA No.348/2009 in AS No.254/2006, whereunder petition filed by the petitioner/appellant/plaintiff under Order 1 Rule 10 CPC to implead the wife and children of the respondent/defendant, namely, Gottupalli Tulasamma, Gottupalli Satyanarayana and Rellu Rajani Kumari has been dismissed. The petitioner/appellant/plaintiff filed the suit for specific performance of the agreement of sale alleging that the respondent/defendant agreed to sell the suit schedule property and defendant entered into an agreement of sale with the plaintiff. On dismissal of the suit, the plaintiff carried the matter in appeal being AS No.254/2006. During the pendency of the appeal, the plaintiff filed the present IA No.348/2009 to get the wife and children of the defendant impleaded as party respondents to the appeal. In a suit for specific performance of an agreement of sale, a person who executed the sale agreement is a proper and necessary party, and persons claiming a right through him are not necessary and proper parties. In view of the same, dismissing IA filed by the plaintiff does not suffer from any illegality warranting interference by this court. The Civil Revision Petition is accordingly dismissed. _______________ A.GOPAL REDDY, J. Dt.24-12-2010 kmr