JUDGMENT :

SHAMEEM AKTHER, J.

1. This appeal, under Section 96 of the Code of Civil Procedure, 1908, is filed by the appellants/plaintiffs, aggrieved by the order, dated 23.04.2021, passed in I.A. No. 953 of 2018 in O.S. No. 3 of 2016 by the learned V Additional District Judge, Kothagudem, whereby the subject Interlocutory Application filed by the respondent Nos. 1 to 9 herein/defendant Nos. 7 to 15, under Order VII Rule 11(a) of CPC seeking to reject the plaint for want of cause of action was allowed and the plaint was rejected.

2. Heard Sri K. Sai Ram Murthy, learned counsel for the appellants, Sri P. Rama Sharana Sharma, learned counsel for the respondent Nos. 1, 2, 4 to 6, 8 and 9 and perused the record.

3. In spite of service of notice on respondent Nos. 3, 7, 10 to 12, 14 and 15, there is no appearance on their behalf. Notice sent to respondent No. 13 returned un-served with postal endorsement “No such person in that address.” Hence, notice on respondent No. 13 deemed to be served.

4. The appellants/plaintiffs filed O.S. No. 3 of 2016 against the defendants on the file of the Court below seeking partition and separate possession of the suit schedule properties. The defendants file