This civil revision petition is directed against the order dated 19-01-2009 in I.A.No.3119 of 2007 in O.S.No.53 of 2007, on the file of the I-Additional District Judge, Vizianagaram, wherein the said application filed by the revision petitioner herein, the defendant, under Order VII Rule 11 CPC, seeking rejection of the plaint, was dismissed.

2. Heard the learned counsel for the revision petitioner/ defendant and the learned counsel for the respondent/plaintiff. Perused the records.

3. The respondent herein is the husband of the petitioner. He filed the suit for declaration that the plaintiff is the absolute owner of the plaint schedule property viz., building comprised in T.S.No.774 bearing old Door No. 10-41 situate in an extent of 500 sq.yards in Bobbili town and is entitled to continue to be in possession by holding that sale deed dated 21-08-2002 in favour of the defendant is sham, nominal, invalid and inoperative and for a consequential injunction restraining the defendant and her men from interfering with his possession and enjoyment of the plaint schedule property. According to the plaintiff, himself and his two brothers Ravi Kiran and Bhanu Kiran and sister Aruna along with her father Sala Kondalarao were members of a joint Hindu family and the plaint schedule property was assigned by Raja of Bobbili in favour of plaintiff’s father, who in turn re-assigned the said property in favour of his four children, who were then minors, by means of a registered assignment deed dated 24-10-2006 appointing his wife as guardian and thereafter, the plaintiff’s father continued to be in possession of the said property till his demise. He further pleads that the defendant migrated from Kerala and she was a roman catholic working in St.Joseph Hospital at Bobbili and the plaintiff developed intimacy with her and intended to marry her and his parents did not agree for the same and plaintiff and defendant went to Kerala and married as per Christian law in a church and lived for some time at Hyderabad and defendant gained confidence over the plaintiff and they gave birth to a son by name Abhishek Kiran, who is now aged 14 years, and a daughter by name Amrutha Kiran, who is now aged 8 years. It is further averred in 1994, the plaintiff’s father died and in 1995, the plaintiff’s mother also died and thereafter, the plaintiff and defendant returned to Bobbili and plaintiff, his sister and brothers jointly sold the bungalow part and servant quarters to third parties and partitioned the vacant site by metes and bounds into four equal shares and the plaintiff’s sister and brother Bhanu Kiran sold their respective shares to third parties, while plaintiff and his other brother Ravi Kiran retained their shares of vacant sites. In the said partition, the plaint schedule property fell to the share of the plaintiff. The plaintiff alleges that himself, his sister and younger brother executed a sham and nominal sale deed dated 21-08-2002 in respect of their shares in favour of their wives without any consideration so as to secure the same for the benefit of their respective families and the plaintiff constructed a two-storied RCC building in the said site getting the plan approved in the name of his wife and obtained electricity connection also in the name of his wife. It is also alleged that the plaintiff got established a beauty clinic under the name and style ‘Shiny’s Herbal Beauty Clinic’ by investing Rs.3 lakhs, in a portion of the plaint schedule building to enable the defendant to earn monthly income of Rs.10,000/- and he also purchased kisan vikas patras worth Rs. 5 lakhs in the name of his children. The defendant suddenly developed evil idea to sell the plaint schedule property to third parties for higher consideration and migrated from Bobbili with children and started exerting pressure on the plaintiff to abandon his legal profession and start business by selling the said property and shift the residence either to Visakhapatnam or