Heard Sri Mirza Azharulla Baig, learned counsel for the
petitioners.
2. In compliance with the order dated 20.06.2024, learned
counsel for the petitioners has filed proof of service vide memo USR
No.60590, dated 25.06.2025. Despite Service of notice, there is no
representation on behalf of the respondent.
3. This revision is filed under Article 227 of the Code of Civil
Procedure, 1908, challenging the order dated 03.02.2025 passed in
I.A.(SR) No.23 of 2022 in O.S.No.756 of 2021 by the II Additional
Junior Civil Judge, Karimnagr.
4. Respondent herein/plaintiff has filed the aforesaid suit
against the petitioners herein/defendants for perpetual injunction.
During pendency of the said suit, petitioners filed I.A.No.23 of 2022
in O.S.No.756 of 2021 under Order VII Rule 11 of CPC to reject the
said plaint on the ground that there is no cause of action in the plaint.
The respondent herein has suppressed about earlier suit vide
O.S.No.56 of 2018 filed for declaration of title and recovery of
possession of suit schedule property therein and misrepresented that
the said suit was decreed. The said suit was actually dismissed as
abated on 27.10.2021 on the ground that sole plaintiff therein died.
The respondent herein did not mention about the date on which he
came into possession of the said property. Therefore, on the said
grounds, the petitioners herein sought to reject the plaint.
