IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.559 of 2008 Between: D.Gandaiah Yadav ..... PETITIONER(S) AND Smt. G.Kistamma and others .....RESPONDENT(S) HON’BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.559 of 2008 ORDER: Petitioner who is the 4th defendant filed this revision under Article 227 of the Constitution of India assailing the correctness of the orders passed in the application filed by him purportedly under Order VII Rule 11 of C.P.C. seeking to reject the plaint filed by the respondent Nos.1 to 3 herein. The case of the petitioner, in brief, is to the effect that the suit filed by the respondent Nos.1 to 3 for partition and separate possession is only a make-believe litigation to seek some relief against him alone and to cause irreparable loss to him; since the defendant Nos.1 to 3 have already been set ex parte in the suit they are not contesting the suit and it is only he who is contesting the suit as a bona fide purchaser; as there is total lack of any allegation in the plaint so far as the petitioner is concerned, there is no cause of action against him; and even in the cause of action para in the plaint, there is absolutely nothing against him and so the plaint is liable to be rejected. The Court below dismissed the application of the petitioner on the ground that these are all aspects to be gone into in the trial and appreciated, rather than taking up in the interlocutory proceedings. Heard the learned counsel for both sides and perused the material on record. The factual aspects involved in the suit are the right, title and interest and also the bone fide purchase as claimed by the petitioner. As rightly held by the Court below these are all aspects for inquiry and cannot be taken up and appreciated in a petition under Order VII Rule 11 of C.P.C. Prima facie this application itself is not maintainable for the reasons shown in support thereof. Hence, the revision petition is dismissed with liberty to the petitioner to raise all his objections in the suit proceedings which shall be taken up and dealt with by the Court below on merits and in accordance with law. No costs. ____________________ B.PRAKASH RAO, J 24th June, 2010 CVRK