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2005 Supreme(AP) 885

A.GOPAL REDDY
Gopani Narasaiah – Appellant
Versus
Motilal Surana – Respondent


J U D G M E N T

This appeal is preferred against the dismissal of OS No.1239/2003 by judgment dt. 30-11-2004 pursuant to the orders passed by the Principal Senior Civil Judge, Ranga Reddy District dt. 30-11-2004 in IA INo.36/2004.

2. The appellants are the plaintiffs in the suit. They filed the above suit for declaration that they are the owners and possessors of the suit schedule property i.e, agricultural land admeasuring Ac.20-29 guntas in S.No.293; Ac.20-12 guntas in S.No.294 and Ac.13-15 guntas in S.No.295 situate at Ravalkole village, Medchal Mandal, Ranga Reddy District; and permanent injunction restraining the defendants, their agents, servants, henchmen, etc., from interfering with the peaceful possession and enjoyment of the suit schedule property. On receipt of the summons, the defendants 1 to 5 filed IA No.36/2004 under Order VII Rule 11(d) r/w 151 CPC to reject the plaint as barred by law contending that one Mallaiah as sole plaintiff filed OS No.150/96 against them and others for permanent injunction before the Junior Civil Judge, Medchal in respect of the very same property alleging that he purchased the said property by oral sale and claiming possession






















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