HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY C.R.P.No.882 of 2014 Date : 21-11-2014 Between :
E. Manohara Rao ..
Petitioner And D. Das Goud and others ..
Respondents Counsel for petitioner : Sri V.B. Subrahmanyam Counsel for respondents : --
The Court made the following :
ORDER:
This Civil Revision Petition arises out of order dated 28-1-2014 in I.A.No.1160/2013 in O.S.No.209/2010 on the file of the learned I Additional Junior Civil Judge, Ranga Reddy District at L.B. Nagar.
The petitioner is the defendant in the above mentioned suit filed by respondent Nos.1 to 12, represented by their General Power of Attorney holder one T. Bheema Goud, for permanent injunction. It appears, plaintiff No.9 has died even before the filing of the suit. The petitioner has filed I.A.No.328 of 2003 under Order VII Rule 11 CPC for rejection of the plaint on the ground that as one of the plaintiffs died, the very suit itself has abated. The lower Court has dismissed the said I.A. by order dated 5-5-2013 by observing that with the death of one of the plaintiffs, the cause of action may survive qua the other plaintiffs. The petitioner allowed the said order to become final. However, a few years later, the petitioner has filed I.A.No.1160 of 2013 under Order XXII Rule 3 r/w. Section 151 CPC for an order to dismiss the suit itself as abated with the death of plaintiff No.9.
In my opinion, the present application filed by the petitioner is a desperate attempt to somehow get the suit dismissed without trial as his earlier effort to get the plaint rejected failed. Having waited for ten long years, the petitioner has come out with a fresh application for the same relief. Therefore, I do not find any reason to interfere with the order of the lower Court.
The Civil Revision Petition is accordingly dismissed.
As a sequel to the dismissal of the Civil Revision Petition, CRPMP Nos.1219 and 5249 of 2014 are disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 21-11-2014 AM