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2022 Supreme(AP) 465

BANDARU SYAMSUNDER
Vemulapalli Krishna Mohan – Appellant
Versus
Yenuga Govinda Kumari – Respondent


Advocates:
Advocate Appeared:
For the Appellant : B.V. Anjaneyulu.
For the Respondent: Sai Gangadhar Chamarty.

ORDER :

1. This Civil Revision Petition is filed by the petitioners/defendants under Article 227 of the Constitution of India against the orders passed by learned I Additional District Judge, Krishna, at Machilipatnam, in I.A. No. 49 of 2015 in O.S. No. 3 of 2015 dated 03.07.2015, wherein and whereby learned trial Judge dismissed the petition filed by the petitioners/ defendants under Order VII Rule 11 of Civil Procedure Code (in short ‘CPC’) and refused to reject the plaint filed by the respondent/plaintiff.

2. The case of the petitioners/defendants before the trial Court in brief is that respondent filed suit against them for specific performance of contract of sale in pursuance of an agreement of sale dated 11.05.2007 with false allegations and the suit is not maintainable. It is the contention of the petitioners that first petitioner is the absolute owner of plaint schedule property and respondent/plaintiff filed petition before Lok Adalat, Machilipatnam, vide PLC No. 301 of 2008, wherein they received notice and then himself, third petitioner and respondent/plaintiff have arrived at compromise and accordingly, Lok Adalat Bench at Machilipatnam passed an Award on 31.10.2008. They

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