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2023 Supreme(AP) 1377

B. S. BHANUMATHI
Gudela Anuradha – Appellant
Versus
R. V. Satyanarayana Murthy – Respondent


Advocates appeared:
C.H.Bhanu Prasad, Advocate

JUDGMENT

1. This revision, under Article 227 of the Constitution of India, is filed challenging the order, dtd. 31/10/2022, dismissing petition in I.A.No.195 of 2019 in O.S.No.237 of 2018 on the file of the Court of XII Additional District Judge, Vijayawada, filed by the defendant under Order 7 Rule 11 CPC to reject the plaint.

2. Heard Ms. Ganta Sridevi, learned counsel representing Sri Ch.Bhanu Prasad, learned counsel for the revision petitioner/defendant and Sri Sai Gangadhar Chamarthy, learned counsel for the respondent/ plaintiff.

3. The facts leading to filing of this revision petition, briefly stated, are as follows: The parties to the suit in O.S.No.237 of 2018 were referred to the Lok Adalat for settlement, and thereby, an award was passed on 3/7/2015 in Case No.782 of 2015. The respondent/plaintiff filed the above suit O.S.No.237 of 2018 to declare that the award, dtd. 3/7/2015, passed by the Lok Adalat, Vijayawada, in case No.782 of 2015 is not valid and binding on the plaintiff on the ground of fraud.

4. At the time of filing the suit, on the objection raised by the office, the plaintiff submitted a decision of the High Court of A.P. in Rambha Narayana Murthy Vs Nimmagad

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