THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY
CIVIL REVISION PETITION No.2747 of 2022
ORDER:
Challenging the order dated 14.10.2022 passed by the learned Principal District Judge, Hanumakonda, in I.A. No.454/2022 in L.G.O.P. No.985 of 2017, the present Civil Revision Petition is filed.
Vide impugned order, the learned Judge has allowed the implead application filed by respondent Nos.1 to 3 herein and allowed them to come on record as party respondent Nos.15 to 17 in L.G.O.P. No.985 of 2017. Learned counsel for the petitioners has stated that the petitioners herein have filed O.P. under the provisions of A.P. Land Grabbing (Prohibition) Act for evicting the respondents therein. That the LGOP was originally filed in the year 2014 and thereafter the same was re-numbered as LGOP No.985 of 2017. That respondents 1 to 3 herein have filed I.A. No.454/2022 seeking to implead themselves in the said LGOP as party respondents, at the fag end of the trial, only with a view to protract the matter. Learned counsel has stated that respondents 1 to 3 herein, fully knowing well about the pendency of the LGOP, have purchased the property from their vendors who are already parties to the said LGOP. Further, the learned counsel has stated that the respondents 1 to 3 herein AAR, J 2 have purchased the property fully knowing well that the order of injunction was subsisting against their vendor viz., Donthi Madhava Reddy vide order dated 10.07.2019 passed by the Special Tribunal under A.P. Land Grabbing (Prohibition) Act (Principal District Judge), Warangal in I.A. No.175 of 2019 in L.G.O.P.No.985 of 2017. Therefore, passing of the impugned order by the learned District Judge is without any legal basis and prayed this Court to allow the present CRP. In support of his submissions, the learned counsel has placed reliance on the judgment of the High Court of Madras in Mohideen Sahib v. A Amena Bi1.
Per contra, the learned counsel for respondent Nos.1 to 3 has stated that the petitioners are bonafide purchasers and therefore any adjudication of rights in the LGOP, without impleading them, will adversely affect them. Since these respondents are not made as parties to the LGOP, in case any adverse orders are passed against them, their rights will be effected. Therefore, they were constrained to file the Implead Petition. Learned counsel has stated that the order passed by the trial Court does not suffer from any infirmity or illegality and the trial Court has rightly allowed the I.A. filed by respondents 1 to 3, duly taking into account that they are necessary and proper parties to the LGOP. 1 2007 (1) CTC 505 AAR, J 3 Perused the record.
Admittedly, the present LGOP has been filed by the petitioners herein against respondents 4 to 17 herein and the same is pending adjudication. Respondents 1 to 3 herein have purchased the property from their vendors, who are already parties to LGOP and therefore they have filed I.A. No.175 of 2019 seeking to implead themselves in the said LGOP. As rightly pointed out by the learned counsel for the respondents, in the adjudication of rights of the parties in said LGOP, the vendors of respondents 1 to 3 may not evince any interest in prosecuting the LGOP as they have already sold the property to respondents 1 to 3 herein, in which event, the rights of respondents 1 to 3 herein will be adversely affected.
Therefore, this Court is of the opinion that respondents 1 to 3 herein are proper and necessary parties and the trial Court has rightly allowed the present I.A. filed by respondents 1 to 3 herein.
Insofar as the contention of the learned counsel for the petitioners that the present I.A. is filed only to protract the matter is concerned, the ends of justice would be met if the trial Court is directed to dispose of the main LGOP itself within a fixed time-frame.
Accordingly, the Special Tribunal under A.P. Land Grabbing (Prohibition) Act (Principal District Judge), Warangal AAR, J 4 is directed to dispose of L.G.O.P.No.985 of 2017, as expeditiously as possible, preferably, within a period of six months from the date of receipt of a copy of this order. It is made clear that in case the respondents 1 to 3 herein want to file any counter they shall file the counter in the main LGOP, within a period of three weeks from the date of receipt of a copy of this order or file a memo adopting the counter filed by their vendors. The respondents 1 to 3 shall not protract the matter beyond the period stipulated by this Court by taking unnecessary adjournments.
Accordingly, the Civil Revision Petition is disposed of. There shall be no order as to costs.
Miscellaneous petitions pending, if any, shall stand closed.
_________________________ A.ABHISHEK REDDY, J Date : 27.01.2023.
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