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2023 Supreme(Online)(AP) 12426

HIGH COURT OF ANDHRA PRADESH
B.S. BHANUMATHI, J
Dr. Mocherla Venkata Satyanarayana Gupta – Appellant
Versus
Mocherla Krishna Prasad – Respondent


ORDER:

This civil revision petition is filed under Article 227 of the Constitution of India against the order dated 13.06.2022 dismissing the I.A. No.193 of 2019 in O.S. No.174 of 2019 on the file of the Court of III Additional District Judge, Guntur (old O.S. No.576 of 2016 on the file of the Court of IV Additional Senior Civil Judge, Guntur) filed by defendants 1 and 2 under Rule 11 of Order VII read with Section 151 of the Code of Civil Procedure, 1908 (‘CPC’) to reject the plaint.

02. The petitioners are defendants 1 and 2, 1st respondent is the plaintiff and respondents 2 to 4 are defendants 3 to 5. 03. The case of the plaintiff is that the 1st defendant is a member of joint family of the plaintiff and defendants 2 to 4 and that the 1st defendant purchased the plaint schedule property under a registered sale deed on 16.09.2002 with joint family funds to the tune of Rs.5,50,000/- out of the sale consideration of Rs.11,00,000/- as clearly stated in the sale deed, but this property was not shown in the suit for partition filed by him in O.S. No.61 of 2016 on the file of III Additional District Judge, Guntur, against the plaintiff herein and the defendants 3 to 5 herein. The plaint

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