G SRINIVASA Vs. N GANESHA

JUDGEMENT

(1.) The Defendant No.1 filed the present revision petition against the order dated 05.12.2017 made in O.S.No.7209/2014 rejecting I.A.No.6 filed by him under Order VII Rule 11 (a) and (d) of Code of Civil Procedure.

(2.) The respondent Nos.1 and 2 who are the plaintiffs before the trial Court have filed the suit for bare injunction in respect of the suit schedule property morefully described in the schedule to the plaint contending that they are in possession and enjoyment of the suit schedule property and they have acquired the suit schedule property from respondent No.3, REMCO (BHEL) Society, through a registered sale deed dated 30.05.2001 and as such, they are in possession and enjoyment of the suit schedule property and the defendants have no manner of right, title and interest to interfere with the same. Hence, filed the suit for the relief as sought for.

(3.) The present revision petitioner who was defendant No.1 in the suit has filed the written statement, denied the entire plaint averments and contended that the suit is filed for bare injunction without declaration is not maintainable and he further contended that he is the owner of the property in question and sought for dismissal of the suit.