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2023 Supreme(Telangana) 162

A. SANTHOSH REDDY
J. Ratna Reddy – Appellant
Versus
Ramuloo (Babu) @ Mohd. Azam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri L.Prabhakar Reddy
For the Respondent: Sri Mahmood Ali.

ORDER :

This civil revision petition under Article 227 of the Constitution of India is directed against the order dated 26.04.2019 in I.A.No.657 of 2017 in O.S.No.54 of 2014 on the file of XII Additional District Judge, Vikarabad, Ranga Reddy district.

2. Heard the learned counsel for the petitioners and the learned counsel for respondent No.1. Perused the record.

3. Respondent No.1-plaintiff filed suit for partition in O.S.No.54 of 2014 against the petitioners and respondent Nos.2 to 34-defendants. While so, the petitioners-defendant Nos.11 and 12 filed application in I.A.No.657 of 2017 under Order VII Rule 11 read with Section 151 of the Code of Civil Procedure, 1908 (for short “C.P.C.”) to reject the plaint on the grounds that the suit is barred by limitation, barred under Order II Rule 2 C.P.C., for want of proper Court fee and cause of action and on the ground of locus standi of the plaintiff.

4. Respondent No.1-plaintiff filed counter-affidavit resisting the said application.

5. On a consideration of the material on record, the trial Court dismissed the application vide order under revision. Aggrieved by the same, the present civil revision petition is filed.

6. Besides filing the

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