KOLLI VENKATA MOHAN RAO Vs. J.M. PATRICIA

JUDGEMENT

(1.) The defendants 3 and 4 in O.S.No.65 of 2012 on the file of the Principal District Court, Chengalpattu, are the petitioners herein. The respondents 1 and 2 herein are the plaintiffs and the respondents 3 and 4 herein are the defendants 1 and 2 therein. The petitioners are aggrieved by the order dated 27.11.2013 made in I.A.No.691 of 2012 in O.S.No.65 of 2012, in dismissing their application filed under Order 7 Rule 11 CPC for rejection of the plaint.

(2.) The respondents 1 and 2 as plaintiffs, filed the said suit in O.S.No.65 of 2012 for declaration to declare the alleged Power of Attorney, dated 18.8.2000 executed by one Andrew Xavir Packiam in favour of the first defendant as null and void; to declare the sale deeds, dated 15.9.2000 executed by the first defendant in favour of the second defendant as null and void; to declare the sale deeds dated 9.6.2003 executed by the second defendant in favour of the defendants 3 and 4 as null and void and for consequential mandatory injunction to direct the defendants to vacate and handover possession of the schedule mentioned property to the plaintiff.

(3.) Originally, the said suit was filed before this Court in C.S.No.215 of 2005, after obtaining leave granted on 3.3.2005 in Application No.1085 of 2005. The defendants 3 and 4, who are the petitioners herein, filed Application No.3531 of 2005 before this Court, for revocation of the leave, mainly on the ground that this Court is not having Ordinary Original Territorial Civil Jurisdiction over the suit property. The plaintiffs 2 and 3 also filed Application No.5370 of 2011 seeking permission to withdraw the plaint, with liberty to file separate suit before the competent Court. Both the said applications were heard together and by common order, dated 9.4.2012, this Court revoked the leave and directed the Registry to return the plaint under Order 7 Rule 10 CPC, so as to be presented in proper Court with proper Court fee applicable for suits to be filed in the said Court. The plaintiffs were also granted four weeks' time for presentation of the plaint before proper Court. The application filed in A.No.5370 of 2011 was however dismissed. Consequent upon such order passed by this Court, the respondents 1 and 2 herein presented the plaint before the Principal District Court, Chengalpattu on 24.4.2012 and the same was numbered as O.S.No.65 of 2012.