Sri Ashfaq Ahmed vs The Bangaluru Development
2021 Latest Caselaw 3101 Kant

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  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 3RD DAY OF AUGUST, 2021

                        BEFORE

      THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

         CIVIL REVISION PETITION No.173/2021

BETWEEN

SRI. ASHFAQ AHMED
S/O ABDUL RASHID
AGED ABOUT 58 YEARS
R/A NO.108/G
5TH CROSS, MLA LAYOUT
R.M.V II STAGE
BENGALURU - 560094.
                                        ... PETITIONER
[BY SRI. SHIVARAJ N ARALI, ADVOCATE]

AND

THE BENGALURU DEVELOPMENT
AUTHORITY, 5TH MAIN ROAD
KUMARAPARK WEST
GUTTAHALLI, BENGALURU - 560 020.
                                       ... RESPONDENT

     THIS CIVIL REVISION PETITION IS FILED UNDER
SECTION 115 OF CPC., 1908 AGAINST THE JUDGMENT
AND DECREE DATED 17.04.2021 PASSED ON I.A.NO.4 IN
O.S.NO.8301/2017 ON THE FILE OF THE XXXI
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU, ALLOWING THE I.A.NO.4 FILED U/O 7 RULE
11 (D) OF CPC AND SEC.11 OF CPC FOR REJECTION OF
PLAINT.
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    THIS CIVIL REVISION PETITION COMING ON FOR
ORDERS THIS DAY, THROUGH VIDEO CONFERENCE THE
COURT MADE THE FOLLOWING:

                        ORDER

1. Learned counsel for the petitioner submitted that

the above petition may be converted into a

Regular First Appeal since it is an order allowing

application under Order VII Rule 11(d) of CPC,

which is under challenge.

2. Accepting the said submission, registry is

directed to convert the present civil revision

petition into a Regular First Appeal.

3. Petitioner to do the needful and carry out

necessary amendments in the petition.

4. For statistical purpose, the above civil revision

petition stands disposed of.

Sd/-

JUDGE nms