ALIYA BEGUM Vs. D. DAYANAND

JUDGEMENT

(1.) This revision is filed challenging the docket order dated 13.09.2019 in OS.SR.No.529 of 2018 in O.S.No.233 of 2011 passed by the I Additional Junior Civil Judge, Kukatpally, whereunder the defendant/respondent herein was permitted to file counter claim.

(2.) The suit in O.S.No.233 of 2011 was filed by the petitioner/plaintiff for perpetual injunction restraining the respondent/defendant from interfering with his peaceful possession and enjoyment over the suit schedule property. The suit was filed on 12.07.2011. The respondent/defendant filed written statement on 02.11.2011. It appears counter claim was filed on 14.09.2017. There is no separate petition filed by the respondent under Order VIII Rule 6-A of the Code of Civil Procedure, 1908, for receiving the counter claim. It appears on oral application of the respondent/defendant, the counter claim was taken on record.

(3.) Heard both sides.