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1981 Supreme(AP) 329

RAMA RAO
State Of A. P. – Appellant
Versus
Bandalam Srinivasulu – Respondent


RAMA RAO, J.

( 1 ) THESE conjoint revision petitions are against the orders declining to decide preliminary issue under O. 14, to decide preliminary issue under O. 14, R. 2, C. P. C. The petitioners are defendants 1 and 2. The plaintiffs filled suits challenging the legality and validity of the order dt. 20-6-1978 in R. C. 4407/77 and similar ordered passed under S. 6 (1) of the Andhra Pradesh Occupants of Homesteads (Conferment of Ownership) Act of 1976 (hereinafter referred to as the Act ). The defendants 1 and 2, petitioners herein, field applications for deciding the preliminary issue as to jurisdiction of the court to entertain the suit in view of the express bar of suit in the civil court contained in the Act. These applications are resisted by the respondents-plaintiffs on the ground that the petitioners have not filed written statements in the suit and orders passed under S. 6 (1) of the Act are actuated by mala fides and vitiated by various illegalities and arbitrariness and violation of fundamental principles of procedure and as this a mixed question of fact and law, the preliminary issue need not be decided and all the issues arising in the trial can be taken up and decli












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