LAWS(APH)-2024-11-64

BEHARA KIRAN KUMAR Vs. VENKUMAHANTHI ASHA JYOTHI

Decided On November 25, 2024
Behara Kiran Kumar Appellant
V/S
Venkumahanthi Asha Jyothi Respondents

JUDGEMENT

(1.) The present Civil Revision Petition is filed questioning the Order dtd. 7/12/2021 in I.A.No.76 of 2019 in O.S.No.6 of 2019 passed by the Senior Civil Judge, Tekkali, Srikakulam District, dismissing the application filed for rejection of plaint.

(2.) Brief facts: The Petitioners are the Defendants. The suit O.S.No.6 of 2019 was filed by the Respondent/Plaintiff for partition of the schedule properties into three equal shares and allot one such share to the Plaintiff/Respondent. The Petitioners/Defendants filed their Written Statement disputing the claim of the Plaintiff/Respondent.

(3.) Thereafter, the Petitioners/Defendants filed I.A.No.76 of 2019 seeking to reject the plaint under Order 7 Rule 11 CPC. In the said application, it was pointed out that P.L.C.No.29 of 2017 was filed by the Plaintiff/Respondent before the Lok Adalat Bench, Mandal Legal Services Authority Committee at Tenali against the Petitioners/Defendants for partition of the very same schedule properties and allotment of 1/3rd share to the Plaintiff/Respondent.