KUPPAM VENKATA PRASAD Vs. GATTA RAMA MOHAN RAO

JUDGEMENT

(1.) The challenge in the C.R.P. is to the order in CMA.No.4/2017 passed by the learned XIII Additional District Judge, Narasaraopet setting aside the order dated 09.12.2015 in I.A.No.368/2015 in O.S.No.113/2015 filed by the defendants.

(2.) O.S.No.113/2015 is filed by the respondent/plaintiff seeking perpetual injunction decree against the petitioners/defendants in respect of plaint schedule property. The petitioners/defendants filed I.A.No.368/2015 under Order VII Rule 11 CPC seeking to reject the plaint on the main grounds that the plaintiff did not disclose proper cause of action and further, the suit is barred under law i.e., contrary to Sections 5, 8 & 19 of the Transfer of Property Act. The trial Court accepted the contention of the petitioners/defendants and observed that having regard to the pleadings the plaintiff cannot be said to be the title holder in respect of item Nos.4 & 5 of the plaint schedule and consequently he cannot claim possession over them and to that extent injunction decree cannot be granted to him and the suit cannot be partly rejected and it should be rejected as a whole on that score.

(3.) Heard Sri A.K.Kishore Reddy, learned counsel for petitioners, and Sri Thota Ramakoteswara Rao, counsel for the respondent.