SHARATH CHANDRA PRASAD Vs. GONDLE NARSIMLU

JUDGEMENT

(1.) This Civil Revision Petition is filed aggrieved by the orders passed by the learned Principal District and Sessions Judge, Kamareddy, in I.A.No.197 of 2023 in O.S.No.24 of 2022, dtd. 1/3/2024, wherein, the learned trial Court dismissed the IA filed by the petitioners/defendant Nos.10 to 12 under Order 7 Rule 11 of CPC, seeking rejection of the plaint.

(2.) Heard Sri P. Sri Harinath, learned counsel for the petitioners and Sri V. Venkateshwara Rao, learned counsel appearing on behalf of respondent Nos.1 and 2.

(3.) Learned counsel for the petitioners submits that respondent Nos.1 and 2 filed a suit vide O.S.No.24 of 2022 on the file of the learned Principal District Judge, Kamareddy, seeking partition and allotment of their respective share in respect of the schedule property i.e., agricultural land admeasuring Ac.8.34 gts., in 4 Sy.No.506 and Ac.3.17 gts., in Sy.No.507, total admeasuring Acs.12.11 gts., situated at Gopalpet Village, Nagireddypet Mandal, Kamareddy District. Even prior to filing of the above said suit, Boini Pandari, Boini Rajashekar and Boini Ravinder have filed a suit vide O.S.No.1 of 2020 on the file of the learned Senior Civil Judge, Kamareddy seeking partition and allotment of their respective share in respect of the very same schedule property and the said suit is pending. The suit filed by respondent Nos.1 and 2 in O.S.No.24 of 2022 is not maintainable and the principles of res judicata apply.