JUDGMENT

(Prayer: Application filed under Order XIV Rule 8 of O.S. Rules read with Order VII Rule 11 of CPC, praying to reject the plaint against applicant / 1st defendant in C.S.No.60 of 2023.)

1. This Application has been filed by the applicant / 1st defendant to grant an order to reject the plaint in C.S.No.60 of 2023.

2. Heard the learned counsels for the applicant, respondents 1, 8, 11, learned Government Advocate for the respondents 15 to 17 and perused the materials available on record.

Application in brief:-

3. The applicant is the 1st defendant; the 1st respondent / plaintiff has filed the suit seeking the reliefs for declaration that the suit property belongs to the plaintiff along with the consequential injunction against the defendants 1 and 2 and also for permanent injunction restraining the defendants 1 and 2 from fabricating or registering the documents in respect of the suit schedule property.

Submissions of the applicant:-

4. The learned counsel for the applicant / 1st defendant submitted that the suit is not maintainable; it is averred in the plaint that during the second week of February 2017, some 40 persons trespassed into the suit property and forcibly removed the ti