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2023 Supreme(Online)(AP) 14195

HIGH COURT OF ANDHRA PRADESH
B KRISHNA MOHAN, J
KATIKE ALLAH BAKASH – Appellant
Versus
KATIKE KHALEEL SAB – Respondent


ORDER:

Heard the learned counsel for the petitioners and the learned Counsel appearing for the respondent.

2. The petitioners herein are the defendants in the suit and the applicants in I.A.No. 178/2023 in I.A.No. 18/2023 in O.S.No. 20/2023 on the file of 1st Additional Junior Civil Judge, Adhoni. The respondent is the plaintiff in the suit and the respondent in the above said I.A.

3. The learned counsel for the petitioners submits that the respondents initiated action in O.S. No. 20/2023 on the file of the 1st Additional Junior Civil Judge, Adhoni against the petitioners for declaration of title and grant of permanent injunction with respect to the suit schedule property. In the plaint copy of the said suit, there is no separate paragraph under the heading of cause of action. Hence, the petitioners filed an I.A.No. 178/2023 in the above said suit under Order 7, rule 11 (A) to reject the plaint as it does not contain the paragraph of cause of action.

4. The court below went into the same and passed the order on merits dated 12.05.2023 at paragraph Nos. 6 and 7 as under:

“06. According to the above provision of law, plaint without cause of action is liable to be rejected. But on perusal

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