LAWS(APH)-2015-4-74

YACHAMANENI CHANDRA MOHAN RAO Vs. EDMALA NARSAMMA @ NARSAVVA

Decided On April 16, 2015
Yachamaneni Chandra Mohan Rao Appellant
V/S
Edmala Narsamma @ Narsavva Respondents

JUDGEMENT

(1.) THE application which is the genesis for the present revision filed under Article 227 of the Constitution of India is one under Order VII Rule 11 of the Code of Civil Procedure (CPC). In the present revision filed by the defendants 28 and 29 challenge is to the order dated 31.07.2014 passed by the Court of the Senior Civil Judge, Siricilla, dismissing I.A.No.219 of 2014 in O.S.No.139 of 2013.

(2.) THE circumstances, leading to the filing of the instant revision are as infra: Respondents 1 and 2 herein instituted the above mentioned suit against the petitioners and the other respondents herein for declaration of title and declaration of registered sale deeds standing in the name of the defendants as fraudulent, illegal, null and void and for perpetual injunction and mandatory injunctions in respect of the suit schedule property. In the said suit, defendants 28 and 29, who are the petitioners herein, filed the present I.A.No.219 of 2014 under the provisions of Order VII Rule 11 of CPC, praying the Court below to reject the plaint. Plaintiffs 1 and 2/respondents 1 and 2 herein opposed the said application by filing counter -affidavit. The learned Senior Civil Judge, Siricilla, by virtue of order dated 31.07.2014, dismissed the said application.

(3.) CALLING in question the validity and the legal sustainability of the said order passed by the learned Senior Civil Judge, Siricialla, the present revision has been filed.