RAMESH KUMAR SHARMA Vs. LAXMI DEVI

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioner.

(2.) This petition has been filed under Article 227 of the Constitution of India for quashing of the order dtd. 18/9/2024 whereby a petition filed under Order VII Rule 11(d) CPC read with Order XII Rule 6 CPC has been rejected.

(3.) Learned counsel for the petitioner submits that earlier Partition Original Suit No.486 of 2021 was instituted and there was partition in between the parties and the suit property was already partitioned and in spite of the earlier partition the Original Suit No.486 of 2021 was instituted for preliminary decree of half share out of scheduled property described in the plaint. He submits that certain terms and conditions were violated and for that a case of specific performance is required to be filed however the partition suit has been filed which is not maintainable. He submits that in view of that the said petition filed before the learned court for rejection of the plaint itself. However, the learned court has wrongly decided the same and dismissed the same. On this ground, he submits that the said order may kindly be set aside. He submits that there is no violation on behalf of the plaintiff no.2 and inspite of that, the suit has been filed.