APHC010152162023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3456]

(Special Original Jurisdiction)

THURSDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE U.DURGA PRASAD RAO THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA APPEAL SUIT NO: 152/2023 Between:

Dr.Talluri Swathi ...APPELLANT AND Bathini Venkatesh and Others ...RESPONDENT(S)

Counsel for the Appellant:

1. KOTHAPALLI SAI SRI HARSHA Counsel for the Respondent(S):

1. NALLAPATI LAKSHMINARAYAN

2. G V S MEHAR KUMAR

3. V SANTHISREE The Court made the following:

JUDGMENT: (Per Hon’ble Sri Justice U.Durga Prasad Rao)

Assailing the order dated 23.01.2023 in I.A.No.785/2021 in O.S.No.371/2018 passed by the learned II Additional District Judge, Guntur allowing the petition filed by the respondents/defendants 2 & 3 under Order VII Rule 11 and Section 151 CPC and consequently rejecting the plaint, the plaintiff filed the instant appeal.

2. The factual matrix of the case is thus:

(a) The plaintiff filed O.S.No.371/2018 against the defendants 1 to

4 of which D1 is her husband. Her case is that, both the plaintiff and D1 are the practicing Doctors and that apart, D1 is engaged in some business ventures i