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2024 Supreme(Online)(TEL) 22708

HIGH COURT OF TELANGANA
MOUSHUMI BHATTACHARYA, J
K. Yellaiah – Appellant
Versus
Malladi Malla Reddy – Respondent


ORDER:  

The Civil Revision Petition (CRP) arises out of an order dated 22.07.2024 passed by the Chairperson, Land Reforms Appellate Tribunal-cum-I Additional District Judge, Hanumakonda, by which an application (I.A.No.1389 of 2023 in O.S.No.71 of 2023) filed by the petitioners for rejection of plaint in the Suit filed by the respondents, was dismissed.

2. The petitioners herein are the defendant Nos.2 and 3 in the Suit (O.S.No.71 of 2023) filed by the respondents/plaintiffs for decree of declaration that a registered Sale Deed dated 19.10.2009 is illegal, null and void. The plaintiffs also prayed for injunction restraining the defendant Nos.1,2 and 3 from encroaching into the suit schedule property or interfering with the peaceful possession of the plaintiff.

3. The petitioners/defendants filed the application under Order VII Rule 11 (a) and (d) of The Code of Civil Procedure, 1908 (‘C.P.C’), for rejection of the plaint on the ground that the plaint does not disclose a cause of action and that the Suit, as appears from the plaint, is barred by law. The Trial Court dismissed the petitioners’ application on the ground that oral and documentary evidence is required to decide the con

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