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2024 Supreme(Online)(AP) 20577

HIGH COURT OF ANDHRA PRADESH
3299 - RAVI NATH TILHARI
KANDREGULA RAMA BABU – Appellant
Versus
KONDAPALLI VENKATA LAKSHMI – Respondent


ORDER:

Heard Sri Prabhala Raja Sekhar, learned counsel for the petitioners.

2. The petitioners are the defendants 6 to 9 in O.S.No.28 of

2014 on the file of the X Additional District Judge at Anakapalli.

3. The plaintiffs/respondents 1 to 4 filed O.S.No.12 of 1988, which was renumbered as O.S.No.28 of 2014. The suit is for recovery of possession of the plaint schedule properties along with the structures constructed thereon after eviction of the defendants as also for cancellation of the sale deeds in their favour.

4. The petitioners filed I.A.No.101 of 2022 with the prayer to decide the issue Nos.3 to 8 as preliminary issues, under Order XIV Rule 2 of the Code of Civil Procedure (in short ‘C.P.C’).

5. By the impugned order, the I.A.No.101 of 2022 has been dismissed on 07.05.2024.

6. Challenging the order dated 07.05.2024, the civil revision petition under Article 227 of the Constitution of India, has been filed.

7. Learned counsel for the petitioners submits that the learned trial Court ought to have decided those issues 3 to 8, as preliminary issues, as the question of legal effect of adoption was involved. He submits that as per Section 12(c) of the Hindu Adoptions and Maintenance Act,

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