THE HON’BLE SRI JUSTICE B PRAKASH RAO CIVIL REVISION PETITION NO. 1058 OF 2008 ORDER: Heard both sides. The petitioner herein is defendant, who files this revision under Article 227 of the Constitution of India, interalia assailing the correctness of the order rejecting an application purported to have been filed by him under section 151 of Civil Procedure Code, to dismiss the suit in limine. The main ground urged in support of the application is that having regard to the checkered events which took place, especially after the acquisition of land on 15.5.1989 and subsequent proceedings of appeal etc upto Hon’ble Supreme Court, the present suit as filed by the respondent/plaintiff, is not maintainable and barred, hence, liable to be rejected. The Court below, after contest, rejected the said application mainly on the ground that all these aspects needs to be gone into in the main suit but not in the application of present nature and dismissed the same. Having heard the counsel on either side and on perusal of the material available on record, it is seen that the plea raised by the petitioner is in effect to challenge the acquisition proceedings of the respondents which has taken much recourse to various proceedings at different points of time and after passing the award, the appeals were dismissed and confirmed even upto Hon’ble Supreme Court and since proceedings were once again commenced by initiation of suit, the fact remains that all aspects including the maintainability of the suit can as well be gone into in the regular enquiry in trial but it would not fall within the provisions contained in Order VII Rule 11 of Civil Procedure Code and the Court below is right in not accepting the request of the petitioner to reject the suit in limine. In the circumstances, without expressing any opinion on the objections as raised by the petitioner, the revision is dismissed with liberty granted to the petitioner to canvass all such objections and pleas and pursue the same at the time of final disposal of the main suit itself. It is needless to mention that the Court below would go into all those aspects, uninfluenced by any of the observations made in the present proceedings and decide the matter in accordance with law, independently. No Costs. _______________ B PRAKASH RAO,J DATE: 1.7.2010 TVK THE HON’BLE SRI JUSTICE B PRAKASH RAO CIVIL REVISION PETITION NO. 1058 OF 2008 Date: 1.7.2010