HON’BLE SRI JUSTICE K. LAKSHMAN CIVIL REVISION PETITION No.1035 OF 2025

ORDER

Heard Sri R.Lakshmi Narsimha Rao, learned counsel for the petitioner and Ms. K.V.Phanisri, learned counsel representing Sri M.Ram Mohan Reddy, learned counsel for 1^st respondent.

Respondents 2 to 17 are being defendants, formal parties.

2. This revision is filed under Article 227 of the Constitution of India challenging the order dated 22.10.2024 in I.A.No.877 of 2023 in O.S.No.56 of 2019 by the Chairman, L.R.A.T – cum – II Additional District Judge, at Karimnagar.

3. Vide the said order, learned trial Court dismissed an application filed by the petitioner/Defendant No.12 under Order VII Rule 11 (a) and (d) read withSection 151 of CPC to reject the plaint on the grounds that there is no cause of action and the suit is barred by limitation.

4. 1^st respondent/plaintiff had filed a suit in O.S.No.56 of

2019 against the petitioner and respondent No.2 to 17/defendants for partition and separate possession and to declare registered sale deeds viz: Doc. No. 6065 of 2005 dated 21.04.2005 in favour of Defendant No. 14,Doc. No. 6066 of 2005 dated 21.04.2005 in favour of Defendant No. 15, Doc. No. 6067 of 2005 dated 21.04.2005 in favour of Defendant No. 16, Doc. No. 6068 of 2005 dated 21-04-2005 in favour of Defendant No. 17, partition deed Doc. No. 8567 of 2005 SRO, Karimnagar, Doc.No. 12265 of 2007 dated 24.10.2007, gift settlement deed Doc.No.12706 of 2007 dated 20.11.2007, Sale deed Doc.No.1355 of 2008,Gift Settlement deed Doc.No.1507 of 2008, dated 10.03.2008, gift settlement deed Doc. 4188 of 2010 dated 13.05.2010, Sale Deed Doc. 12265 of 2007, Doc. No. 12727 of 2007 dated 19.11.2007, Sale Deed Doc. No. 1355 of 2008 SRO Karimnagar, Gift Settlement Deed Doc. No. 4188 of 2010 SRO Karimnagar, Gift Settlement Deed Doc. No. 1507 of 2008, SRO Karimnagar, Memorandum of Deposit of Title Deeds Doc. No. 7725 of 2008 dated 20-11-2008, SRO Karimnagar, Regd. Memorandum of Deposit of Title Deeds Doc. No. 4369 of 2010 dated 20.05.2010, SRO Karimnagar, Memorandum of Deposit of Title Deeds Doc. No. 6178 of 2011 dated 01.07.2011, SRO Karimnagar, Memorandum of Deposit of Title Deeds Doc. No. 11209 of 2011 dated 15.12.2011, SRO Karimnagar, Memorandum of Deposit of Title Deeds Doc. No. 9236 of 2013 dated 17.08.2013, SRO Karimnagar, Memorandum of Deposit of Title Deeds Doc. No. 64 of 2015 dated 03.01.2015, SRO Karimnagar, Regd. Release/Redemption Deed Doc. No. 9649 of 2015 Dt: 29-09-2015, Regd. Memorandum of Deposit of Title Deeds Doc. No. 10610 of 2015 SRO Karimnagar, as null and void and not binding on the Plaintiffs and in respect of Memorandum of Understanding documents the Plaintiff is not liable or any way concern with regard to the discharge of liability except the right of ownership as null and void.

5. The petitioner/defendant No.2 had filed I.A.No.877 of

2023 in the said suit under Order VII Rule 11 (a) (d) read with Section 151 of CPC, to reject the plaint on the following grounds:-

i. The plaintiff, having fully aware of the address of the petitioner’s firm, intentionally shown wrong address.

ii. Mr. Billa Sahith Reddy, shown in the plaint, is not the partner in the firm of the petitioner herein.

iii. The petitioner’s firm had purchased Ac.32 guntas of land long back out of Ac.5.31 guntas in Sy.No.836/A of Karimnagar ( subject property) from Billa Raji Reddy who had purchased the land jointly with Kariveda Linga Reddy, Banda Ram Reddy, Chada Peddi Reddy and Chada Krishna Reddy vide registered sale deed No.562 of 1977.

iv. Petitioner’s firm had filed a suit in O.S.No.1432 of

1993 on the file of District Munisif, Karimnagar, against all those joint owners stating that the firm had purchased the subject property 12 years back owned by Billa Raji Reddy who was joint owner of the land and prayed to declare the firm as the owner and possessor of said land.

v. A compromise petition under Order 23 Rule 3 of CPC was filed on 24.01.1994 inthe said suit and as per terms of compromise, th