Vurimi Venkata Narasimha Murthy vs Perla Yellayamma

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(AP) 1361

NYAPATHY VIJAY
Vurimi Venkata Narasimha Murthy – Appellant
Versus
Perla Yellayamma – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Ponnada Sree Vyas
For the Respondent: M.R.S. Srinivas

ORDER :

NYAPATHY VIJAY, J.

1. The present Civil Revision Petition is filed against the order dated 04.04.2023 passed in I.A. No.313 of 2022 in O.S. No.217 of 2018 by the VI Additional District Judge, Visakhapatnam.

2. Intro: Petitioner is the Defendant No. 1. The suit O.S. No.217 of 2018 was filed by the Respondents seeking declaration of title of suit schedule properties and for recovery of possession with regard to two house plots of an extent of 440 square yards and 295 square yards respectively in Sy.Nos.19/1, 19/2, 10/5, 10/4, Plot No. 215 at China Waltair Village, Visakhapatnam.

3. Petitioner/Defendant No. 1 filed his written statement denying the claim. Thereafter, the Petitioner filed I.A. No.313 of 2022 seeking to reject the plaint under Order 7 Rule 11 (a) & (d) r/w Section 151 C.P.C. The said application, on contest, was dismissed by the trial Court on the ground that there are triable issues. Hence, the present Revision is filed.

4. Heard Sri K.S. Murthy, learned senior counsel assisted by Sri Ponnada Sree Vyas, learned counsel for the Petitioner and Sri M.R.S. Srinivas, learned counsel for the Respondents.

5. Before going into the contentions of the respective counsel, the p