Between THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No. 3691 OF 2014 Dated:07-11-2014
G. Karan Kumar and another
AND
M.P. Rajesh Kumar
... PETITIONERS
.. RESPONDENT
THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No. 3691 OF 2014 ORDER:
The respondent filed O.S No. 1884 of 2013 in the Court of XVII Additional Senior Civil Judge, City Civil Court, Hyderabad, against the petitioners for the relief of declaration of title and for consequential injunction in respect of the suit schedule property. After receipt of summons in the suit, the petitioners filed I.A No. 202 of 2014 under Order VII Rule 11 CPC, with a prayer to reject the plaint. Their contention was that the respondent lost possession of the suit schedule property and not only the prayer for recovery of possession ought to have been claimed but also the corresponding court fee ought to have been paid. The I.A was opposed by the respondent. The trial Court dismissed the I.A through order dated 09-09-2014. Hence, this revision.
Heard the learned counsel for the petitioners.
The prayer for rejection of the plaint made by the petitioners is on a far- fetched reasoning. It is not their case that the court fee paid on the plaint for the relief claimed in it is not sufficient. Their contention is that the relief of recovery of possession ought to have been claimed duly paying court fee thereon. When the respondent felt it sufficient for him to claim the relief of declaration of title and injunction, it is not for the petitioners to suggest a different course. At the most, they can raise a plea regarding possession or maintainability of the suit in its present form. The trial Court has taken the correct view of the matter.
The C.R.P is accordingly dismissed. The miscellaneous petitions filed in this revision shall also stand disposed of. There shall be no order as to costs.
L. NARASIMHA REDDY, J 07-11-2014 ks