AZEEMULA Vs. VENKATALAKSHMAMMA

JUDGEMENT

(1.) The defendants filed the present writ petition against the order dated 13.07.2018 on I.A.No.4 made in O.S.No.3230/2017 dismissing the application filed by the defendant Nos.2 and 3 under Order VII Rule 11 of Code of Civil Procedure.

(2.) The respondent No.1 who is the plaintiff before the trial Court filed suit for declaration of title and to declare the sale deed dated 28.01.2006 and 23.04.2015 of the defendant Nos.1 and 2 which are null and void and not binding on the plaintiff's suit schedule property, to declare the gift deed dated 26.11.2016 of the defendant No.3 as invalid document and not binding on plaintiff's suit schedule property and to grant an order of permanent injunction restraining the defendant Nos.2 and 3 from interfering with the peaceful possession and enjoyment of suit schedule property raising various contentions. The defendant No.3 filed the written statement denied the plaint averments and contended that the very suit itself filed by the plaintiff for declaration is not maintainable and consequently declaring alleged sale deed, gift deed as not binding by the plaintiff which are barred by law and sought for dismissal of the suit.

(3.) When the matter was posted for hearing on temporary injunction the defendant No.3 filed written statement under Order VIII Rule 1 of Code of Civil Procedure to reject the plaint on the ground that there is no cause of action and suit filed by the plaintiff is barred by law reiterating the averments made in the written statement. The plaintiff filed the objections to the said written statement reiterating the averments made in the plaint. The trial Court considering the application and objections by the impugned order dated 13.07.2018 dismissed I.A.No.4. Hence, the present writ petition is filed.