HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY CIVIL REVISION PETITION No.2785 OF 2024

ORDER:

This Revision Petition is filed assailing the order dated

26.02.2024 passed in I.A.No.4837 of 2023 in OS.No.715 of 2022 on the file of II Junior Civil Judge, City Civil Court, Hyderabad.

2. Heard Sri Syed Ashfaq Ahmed, learned counsel for revision petitioner, and Sri Tene Pandu Ranga Rao, learned counsel for respondent No.1.

3. The petitioner is defendant No.5, respondent No.1 is plaintiff and respondent Nos.2 to 5 are defendant Nos.1 to 4 in the suit. For convenience, the parties will be hereinafter referred to as they are arrayed in the suit.

4. In nut-shell, the facts of the case, required for disposal of the present Revision Petition, are that plaintiff filed the aforementioned suit against the defendants for partition of the suit schedule properties; that when the suit was pending adjudication, defendant No.5 filed an application in IA.No.No.4837 of 2023 to reject the plaint on the ground that there is no cause of action for filing the suit and as such, prolonged trial would be a futile exercise; and that the Court fee ought to have been paid under Section 32(1) of AP Court Fees and Suits V