THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.5523 of 2009 Dated:31.12.2009 Between: Katta Chitti Babu. …Petitioner and Mada Rajeswara Rao, And another. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.5523 of 2009 ORDER: The petitioner is third party to O.S.No.122 of 2006. The said suit was filed by respondent No.1 for possession and mesne profits. The petitioner filed I.A.No.8 of 2009 under Order I Rule 10 of the Code of Civil Procedure, 1908 (CPC), to come on record in O.S.No.122 of 2006 as party defendant. The same was dismissed by the Court of Senior Civil Judge, Narsapuram, holding that the petitioner is neither necessary party nor proper party. Aggrieved by the same, the present Civil Revision Petition is filed. This Court on 05.12.2009 ordered notice to the respondents duly permitting the petitioner to take out personal notice. Notices are served. None appears for the respondents, and therefore, the matter is being disposed of ex parte. The case of the petitioner is that he purchased an extent of 83.6 square yards with RCC building from the second respondent under an agreement of sale dated 09.10.2002 and that when the sale deed was not executed he filed O.S.No.271 of 2008 on the file of the same Court for specific performance of agreement of sale. In the meanwhile, he came to know that suit is filed against his vendor for possession, and therefore, he filed interlocutory application for impleadment. As indisputably the suit schedule property in the suit filed by the petitioner and the suit filed by respondent No.1 is the same, to avoid multiplicity, it is better if the petitioner is also impleaded in O.S.No.122 of 2006. Merely because he has filed a specific performance suit, the same does not bar nor disqualify him to be proper and necessary party in O.S.No.122 of 2006. Therefore, this Civil Revision Petition is allowed and the order of the Court below is set aside. I.A.No.8 of 2009 accordingly stands allowed impleading the petitioner as party defendant No.2 in O.S.No.122 of 2006. The trial Court is also directed to club both the suits and conduct common trial. Both suits may be disposed of within a period of six months from the date of receipt of a copy of this order excluding Court vacation period and without seeking extension of time. There shall be no order as to costs. _______________ (V.V.S.RAO, J) 31.12.2009 vs