CHITTETI RAMBABU Vs. CHITTETI MADDI RAVAMMA

JUDGEMENT

(1.) Assailing the Order, dated 13.06.2019, passed in I.A.No.860 of 2018 in O.S.No.374 of 2018 on the file of the VII Additional Senior Civil Judge, Vijayawada, wherein an application filed under Order VII Rule 11 of C.P.C., requesting the Court to reject the plaint on the ground that, it does not disclose any cause of action and that it is barred by limitation, came to be rejected, the present Civil Revision Petition is filed under Article 227 of the Constitution of India.

(2.) The affidavit filed in support of the I.A. by the Petitioner/Defendant would show that, the Respondent/Plaintiff filed a suit for declaration in respect of Item Nos. 1 to 4 of suit schedule properties claiming to be the absolute owner. Along with the said suit, I.A. seeking injunction restraining the defendant and his men from interfering with her possession also came to be filed. It is said that, the husband of the plaintiff executed a registered a Will, dated 21.02.2004, vide Document No. 2282 of 2004, wherein Item No. 1 of the schedule property was given to her for maintenance. However, vested interest in Item No. 1 of the schedule property was created in favor of the petitioner. The structures in the Item No. 1 of the schedule property are under construction and not suitable for dwelling purposes. It is said that, the plaintiff suppressed the material facts and approached the court with unclean hands.

(3.) Counter came to be filed disputing the averments made in the affidavit.