ANIREDDY AMRUTHA DEVI Vs. ANIREDDY VASUDHA AND ORS.

JUDGEMENT

(1.) The order dated 19.11.2015 in I.A. No. 880 of 2015 in O.S. No. 37 of 2015 passed by the learned I Additional District Judge, Nalgonda (FAC Judge, VIII Additional District Judge, Miryalaguda) rejecting the prayer of the petitioner -1st defendant, filed under Order VII Rule 10 and 10A of CPC read with Sec. 151 C.P.C. seeking returning of the plaint, is challenged before this Court.

(2.) The respondents 1 and 2 are the plaintiffs filed a suit against the petitioner and respondents 3 and 4 herein, who are defendants 1 to 3 respectively in O.S. No. 37 of 2015 on the file of VIII Additional District Judge at Miryalaguda.

(3.) The averments made in the affidavit filed in support of the I.A. No. 880 of 2015 in brief are that the suit is filed by the 1st and 2nd respondents -plaintiffs seeking grant of permanent injunction restraining the petitioner -1st defendant from alienating or conveying or delivering possession or otherwise creating rights in favour of the 3rd parties with respect to the suit schedule property without first offering the same to the plaintiffs. Petitioner filed her written statement. In the written statement a specific plea was taken that the suit relief of the nature which has been prayed for is misconceived and not maintainable. Along with suit petitioners filed I.A. No. 880 of 2015 praying for returning of the plaint to the plaintiffs under Order VII Rule 10 and 10A read with Sec. 151 of C.P.C. The averments in the affidavit filed along with I.A. are that the suit is not maintainable in view of the relief claimed by the plaintiffs seeking perpetual injunction restraining the petitioner -1st defendant from alienating his property, which is clearly demarcated with specific boundaries in the Award passed by the Lok Adalath. The maintainability or otherwise of the suit of the nature is considered and settled by a Division Bench of this Court in Shankar Hills Plot Purchasers Welfare Association, Hyderabad and another v/s. Ch. Anantha Reddy and others : 2013 (6) ALD 355 (DB) wherein this Court directed returning of the plaint.