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2024 Supreme(Telangana) 134

K. LAKSHMAN
Kolipaka Sree Vishnu – Appellant
Versus
Kolipaka Laxmi – Respondent


Advocates appeared:
C A R Seshagiri Rao, for the Petitioner.

JUDGMENT

K. Lakshman, J. - Heard Mr. C.A.R. Seshagiri Rao, learned counsel for the petitioner and Mr. Dharmesh D.K. Jaiswal, learned counsel for respondent No.1 - plaintiff.

2. The present Civil Revision Petition is filed challenging the order dated 07.06.2023 in I.A. No.339 of 2021 in O.S. No.07 of 2021 passed by the Principal Senior Civil Judge at Hanumakonda, dismissing the petition filed under Order - VII, Rule 11 read with 151 of CPC.

3. The petitioner herein is defendant No.22 while respondent No.1 is the plaintiff and respondent Nos.2 to 35 are the remaining defendants.

4. For the sake of convenience, the parties hereinafter will be referred to as arrayed in O.S. No.7 of 2021.

5. The Plaintiff filed the aforesaid suit against the defendants seeking partition of the suit schedule property. While so, defendant Nos.1 and 22 to 24 filed an application vide I.A. No.339 of 2021 in O.S. No.7 of 2021 under Order - VII, Rule 11 read with Section 151 of CPC to reject the plaint on the following grounds:

    i) The suit is barred by limitation;

    ii) The plaint averments do not disclose the cause of action;

    iii) The decree in O.S. No.86 of 1970 was a compromise decree and, therefore, there cannot be

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