The Authorised Officer vs Sri Lokesh K J
2023 Latest Caselaw 8124 Kant

Karnataka High Court

The Authorised Officer vs Sri Lokesh K J on 22 November, 2023

Author: S.G.Pandit

Bench: S.G.Pandit

                                                   -1-
                                                            NC: 2023:KHC:42061
                                                          WP No. 21684 of 2023




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 22ND DAY OF NOVEMBER, 2023

                                                 BEFORE

                             THE HON'BLE MR JUSTICE S.G.PANDIT

                        WRIT PETITION NO. 21684 OF 2023 (GM-CPC)

                   BETWEEN:

                   THE AUTHORISED OFFICER
                   CAN FIN HOMES LTD.,
                   A NON-BANKING FINANCE COMPANY
                   INCORPORATED UNDER COMPANIES ACT, 1956
                   HAVING ITS BRANCH OFFICE AT NO.586,
                   2ND FLOOR, 80 FEET ROAD,
                   KORAMANGALA 8TH BLOCK,
                   BANGALORE-560095
                   REP. BY ITS AUTHORISED OFFICER/MANAGER
                   SHIVA V. R.
                                                                   ...PETITIONER
                   (BY SRI. NARAYANA SWAMY D, ADV.)

                   AND:
Digitally signed
by A K             1.    SRI LOKESH K J
CHANDRIKA                (MORTAGOR)
Location: HIGH           S/O JAYANNA
COURT OF                 AGED ABOUT 42 YEARS,
KARNATAKA                R/AT 137, 3RD CROSS,
                         1ST MAIN ROAD,
                         CHAMUNDESHWARI LAYOUT
                         GANGONDANAHALLI MAIN ROAD
                         BENGALURU-560162.

                   2.    MANJUNATH LOKANATH
                         (BORROWER)
                         S/O LOKANATH P N
                         AGED ABOUT 44 YEARS,
                         R/AT 37/1, 13TH MAIN,
                         KALAPPA BLOCK,
                         KALIDASA LAYOUT,
                                 -2-
                                              NC: 2023:KHC:42061
                                            WP No. 21684 of 2023




    BANASHANKARI
    BENGALURU-560050.
                                                    ...RESPONDENTS

      THIS PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE LEARNED IV
ADDL. CIVIL JUDGE AND JMFC, NELAMANGALA, BENGALURU RURAL
DISTRICT AT NELAMANGALA TO DISPOSE OF INTERLOCUTORY
APPLICATION FILED UNDER ORDER 07 RULE 11(D) READ WITH
SECTIONS 34 AND 35 OF SARFAESI ACT, 2002 PRAYING FOR
REJECTING PLAINT IN OS 372/2019 ANNEXED AT ANNEXURE-E.

      THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:

                            ORDER

Heard the learned counsel Sri.Narayana Swamy for

petitioner/defendant No.1. Perused the writ petition

papers.

2. Issuance of notice to the respondents is

dispensed with, in view of the nature of relief sought for

by petitioner/defendant No.1.

3. Learned counsel for the petitioner/defendant

No.1 would submit that respondent No.1/plaintiff filed suit

in O.S.No.372/2019 on the file of the II Additional Civil

Judge and JMFC., Nelamangala (for short, 'Trial Court')

praying for a judgment and decree of permanent

NC: 2023:KHC:42061

injunction from interfering and dispossessing plaintiff from

the suit schedule property. Learned counsel for petitioner

i.e., defendant No.1 before the Trial Court would submit

that on appearance, petitioner filed I.A.No.2 under Order

VII Rule 11(d) of CPC praying to reject plaint. It is his

submission that on 17.04.2023 first respondent/plaintiff

filed objections to said I.A. It is his grievance that Trial

Court is adjourning the matter without hearing I.A and

passing order on I.A.No.2. Therefore, he seeks for a

direction to the Trial Court to consider I.A.No.2 and

dispose of the said I.A.

4. On hearing the learned counsel for

petitioner/defendant No.1 and on perusal of the writ

petition papers, I am of the view that petitioner/defendant

No.1 would be entitled for direction as prayed in the

petition.

5. Order sheet is placed on record as Annexure-J.

A perusal of order sheet would indicate that on 22.02.2022

defendant No.1 filed application under Order VII Rule

NC: 2023:KHC:42061

11(d) of CPC and for filing objections by respondent No.1,

same was adjourned from time to time and on

17.04.2023, respondent No.1/plaintiff filed objections

which was taken on record. Subsequently, suit is being

adjourned from time to time. It is submitted that the suit

is now posted to hear I.A.No.2 to 18.01.2024. In the

above circumstances, Trial Court is directed to hear

I.A.No.2 and pass appropriate order in accordance with

law, within one month from 18.01.2024.

With the above, writ petition stands disposed of.

Sd/-

JUDGE

NC CT:bms