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2013 Supreme(AP) 336

L.NARASIMHA REDDY, S.V.BHATT
Perumalla Kasi Rao – Appellant
Versus
Nukala Muralikrishna – Respondent


Advocates appeared:
M.V.S. Suresh Kumar and Addepalli Suryanarayana, Counsel for the Appearing Parries.

JUDGMENT

L. NARASIMHA REDDY, J.

1. AS Nos. 82, 83 and 84 of 2013 are filed by the sole plaintiff in OS No. 43 of 2011 in the Court of VI Additional District and Sessions Judge, Markapur, for the relief of specific performance of an agreement of sale, against nine defendants. Three applications, being I.A. Nos. 362, 363 and 364 of 2011, were filed by defendants 2 and 4, defendant No. 1 and defendant Nos. 5 to 9, respectively, under Rule 11 of Order VII C.P.C., with a prayer to reject the plaint. Through a common order, dated 15.2.2012, the trial Court allowed the applications, and thereby, rejected the plaint. Hence, three appeals came to be filed before this Court by the plaintiff.

2. Raising an objection as to the adequacy of the Court-fee paid by the appellant, the respondents filed ASMP Nos. 782, 783 and 784 of 2013, with a prayer to reject the appeals. The appellant, on the other hand, filed a set of applications with a prayer to permit him to pay the deficit Court-fee. He has also filed ASMP No. 287 of 2013 with a prayer to restrain the respondents from alienating the suit schedule property.

3. Since the appeals are against an order of rejection of plaint, we proposed to hear the















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