THE HONOURABLE SMT JUSTICE K. SUJANA CIVIL REVISION PETITION No.900 OF 2023

ORDER:

This revision petition is filed challenging the order dated

28.02.2023 passed in IA.No.248 of 2023 in OS.No.469 of 2022 on the file of the II Additional Chief Judge, City Civil Court, at Hyderabad, whereunder, the said I.A., filed by the petitioners/defendant Nos.10 and 11 under Order VII Rule 11 read with Section 151 of Civil Procedure Code (for short ‘CPC’) with a prayer to reject the plaint in O.S., on the ground that a) the plaintiffs have no cause of action to bring suit against defendants for partition of suit properties ; b) suit is barred under law ; c) the Court fee paid on the plaint being improper ; and d) suit being frivolous, vexatious and meritless, was dismissed.

2. The brief facts of the case are that OS No 469 of 2022 was filed by respondent NOs.1 and 2/plaintiffs seeking partition of the suit schedule properties against Defendant Nos.1 to 3 who are family members of the plaintiffs, and the other defendants who purchased or acquired interest in the properties from defendant Nos.1 to 3. The plaintiffs contend that the suit schedule properties are coparcenary properties, inherited from t