CIVIL APPEAL 1174 of 2020 on 21 June 1985

ORDER:-

This Civil Revision Petition is filed questioning the[order]dated 17.03.2020in I.A.No.411of 2018in O.S.No.193of2015 passed by the II Additional District Judge, Guntur.

2. Petitioner is third party to suit. Suit O.S.No.193[of][ 2015]wasfiledforpartition ofsuit scheduleproperty betweenrespondent Nos.1 and 2 with regard to an extent of[Ac.4.25]cents and Ac.3.56 cents in Door No.llO/Q of NadimpalemVillage, Gunturu District. As per the plaint, the suit[schedule]property was jointly purchased by the respondents under[a]registeredsaledeeddated17.01.1996videdocumentNo.21/1996 SRO, Prathipadu.wasfiledforpartition ofsuit scheduleproperty betweenrespondent Nos.1 and 2 with regard to an extent of[Ac.4.25]cents and Ac.3.56 cents in Door No.llO/Q of NadimpalemVillage, Gunturu District. As per the plaint, the suit[schedule]property was jointly purchased by the respondents under[a]registeredsaledeeddated17.01.1996videdocumentNo.21/1996 SRO, Prathipadu.

3. While the suit was pending. Petitioner filed I.A.No.411of 2018 seeking to implead itself as 2^^ defendant[in][ the][ suit.]In the application filed by the Petitioner, it was[contended][ that]the Petitioner Firm was constituted with nine members[and][ a]Partnership deed dated 21.06.1985 was executed for[doing]business in Industrial gases. Electrodes etc.It was[further]of 2018 seeking to implead itself as 2^^ defendant[in][ the][ suit.]In the application filed by the Petitioner, it was[contended][ that]the Petitioner Firm was constituted with nine members[and][ a]Partnership deed dated 21.06.1985 was executed for[doing]business in Industrial gases. Electrodes etc.It was[further]

pleadedthattheFirm usedto purchaseproperties andregister documents in the name of individual partners.

4. It was also pleaded that the suit schedule property[was]purchased in the name of wife of another partner by[name]Vishnu Prasad and theFirm had contradictedto the saletransaction.It wasfurtherpleadedthattheFirmisinpossessionofthescheduleproperty.ThePlaintiff-1respondent herein subsequently retired from Partnership bysettling all the accounts and the remaining partners signed onthe fresh partnership deed dated 01.04.2005.On the[same]day, the Plaintiff said to have executed a document by nameOppudalapatram” stating that she has relinquished her[half]sharein the suit schedule property and agreed to executeregistered document regarding her share in the suit[in][ favour]ofthePetitioner-Firm.Theapplication,oncontest, wasdismissed by the trial Court relying on the provisions[of][ the]BinamiTransactions(Prohibition) Act1988.Hence,thepresent revision petition is filed.

5. Heard Sri Satynarayana Nimmala, learned counsel forthe Petitioner and Sri Y.Rama Seshaiah, learned counsel[for]the Respondents.the Petitioner and Sri Y.Rama Seshaiah, learned counsel[for]the Respondents.

To

6. The plea of the Petitioner that the consideration for thesale deed was contributed by the partnership firm and[that]therewasanagreementexecutedbythePlaintiff/1StRespondentin favour of the partnership firm cannot[be][ a]cause for them to implead in the present suit. The Petitionerwould have to file an independent suit for enforcement of the“Oppudalapatram” dated 01.04.2005 and the same cannot besought to be established by impleading the Petitioner as partyDefendant in the suit.sale deed was contributed by the partnership firm and[that]therewasanagreementexecutedbythePlaintiff/1StRespondentin favour of the partnership firm cannot[be][ a]cause for them to implead in the present suit. The Petitionerwould have to file an independent suit for enforcement of the“Oppudalapatram” dated 01.04.2005 and the same cannot besought to be established by impleading the Petitioner as partyDefendant in the suit.

7. Therefore, leavingit open to the Petitioner to fileanindependent suit to establish their right over the scheduleproperty and for enforcement of the “Oppudalapatram"[dated]01.04.2005 said to have been executed by the Plaintiff/1Respondent, the civil revision petition is disposed[of.][ No][ order]as to costs.As a sequel, pending applications,if any, shallstand closed.

SD/- K.SRINIVASA RAJUASSISTANT REGISTRAR

//TRUE COPY//SOFFICER

1. The II Additional District Judge, Guntur, Guntur District.

2. One CC to Sri Satyanarayana Nimmala, Advocate [OPUC]

N

3. One CC to Sri Y Rama Seshaiah, Advocate [OPUC]

4. The Section Officer, VR Section, High Court of Andhra[Pradesh][ at]

Amaravathi

5. Three CD Copies

TK

TAC

HIGH COURT

DATED:24/01/2025

^OfANDHSJ^ar0 5 JUN 20?5m^. Curreni ieciionORDER^fSPATCV'^^'"

CRP.No.1174 of 2020

DISPOSING OF THE CIVIL REVISION PETITION