MOHAMMAED NADEEM ULLAH KHAN Vs. MOHAMMED AKBER ALI

JUDGEMENT

(1.) Aggrieved by the order and decree dtd. 8/6/2022 in I.A.No.505 of 2022 in O.S.No.34 of 2022 (hereinafter will be referred as 'impugned order') passed by the learned Senior Civil Judge - cum - Assistant Sessions Judge, Sangareddy (hereinafter will be referred as 'trial Court'), the plaintiff preferred the present appeal to set aside the impugned order.

(2.) For the sake of convenience, the parties hereinafter are referred to as they are arrayed before the trial Court.

(3.) The brief facts of the case, which necessitated the plaintiff/appellant to file the present appeal, are that the plaintiff filed O.S.No.34 of 2022 against defendants seeking cancellation of two sale deeds dtd. 16/4/2021 executed by defendant No.1 in favour of defendant Nos.2 and 3 respectively and declaring them as null, void and not binding on the plaintiff and for a consequential perpetual injunction in respect of suit schedule properties. After receipt of summons, the defendant filed petition vide I.A.No.505 of 2022 under Order VII Rule 11 read with Sec. 151 of the Code of Civil Procedure to reject the plaint. The brief averments of the affidavit filed in support of the petition are as under: