Karnataka High Court
Smt G Swetha vs Sri M A Gopala on 1 October, 2024
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NC: 2024:KHC:40953-DB
RFA No. 1935/2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MRS JUSTICE K.S.MUDAGAL
AND
THE HON'BLE MR JUSTICE VENKATESH NAIK T
REGULAR FIRST APPEAL NO.1935/2024 (PAR/DEC/INJ)
BETWEEN:
SMT. G. SWETHA
D/O. SRI M. A. GOPALA
AGED ABOUT 36 YEARS
RESIDNG AT NO.210/11
32ND CROSS, BTM 1ST STAGE
OLD MADIVALA, BOMMANAHALLI
BENGALURU-560 068. ...APPELLANT
(BY SRI T. SESHAGIRI RAO, ADVOCATE FOR
SRI SUNIL S. RAO, ADVOCATE)
AND:
1. SRI M. A. GOPALA
S/O. LATE ANNAYAPPA
AGED ABOUT 64 YEARS
Digitally signed by
MOUNESHWARAPPA 2. SRI. G. GIRISH
NAGARATHNA
Location: HIGH S/O M. A. GOPALA
COURT OF AGED ABOUT 39 YEARS
KARNATAKA
RESPONDENT NOs.1 AND 2 ARE
RESIDING AT NO.297
32ND MAIN, 1ST CROSS
NEAR MARIYAMMA TEMPLE
OLD MADIWALA, BTM 1ST STAGE
BENGALURU-560 068.
3. SRI. M. NARAYANAPPA
S/O. LATE MUNISWAMAPPA
AGED ABOUT 47 YEARS
R/AT NO.344, 2ND MAIN, 2ND CROSS
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RFA No. 1935/2024
SURYA CITY, 1ST PHASE
CHANDAPURA, ANEKAL TALUK
BENGALURU URBAN-562 106.
4. THE BENGALURU DEVELOPMENT AUTHORITY
REPRESENTED BY ITS COMMISSIONER
HAVING OFFICE AT T.CHOWDAIAH ROAD
KUMARA PARK WEST
BENGALURU-560 020.
5. THE SOCIETY OF THE SERVANTS OF THE HOLY SPIRIT
HAVING ITS REGISTERED OFFICE AT
BANNERGHATTA ROAD, SOS POST
BENGALURU-560 076
REPRESENTED BY ITS PRESIDENT
SISTER LISSY DEVASSY THELEKADAN.
6. THE SOCIETY OF THE SERVANTS OF THE HOLY SPIRIT
A SOCIETY REGISTERED UNDER THE KARNATAKA
SOCIETIES REGISTRATION ACT, 1960
HAVING ITS REGISTERED ADMINISTRATIVE OFFICE AT
CONVENT OF THE HOLY SPIRIT
BANNERGHATTA ROAD
MT.ST.JOSEPH'S P.P. (SOS POST)
BENGALURU-560 076
REPRESENTED BY ITS SECRETARY
SISTER SHEEJA P. SCARIA.
7. M/S. AKHINTA ENTERPRISES PRIVATE LIMITED
A COMPANY INCORPORATED UNDER THE COMPANIES
ACT, 2013, HAVING ITS REGISTERED OFFICE AT
NO.22/1, VITTAL MALYA ROAD
BENGALURU-560 001
REPRESENTED BY ITS DIRECTOR
MR. AKSHAY K. REDDY.
8. M/S. AKR PROPERTY DEVELOPERS PVT. LTD.
A COMPANY INCORPORATED UNDER COMPANIES ACT
2013, HAVING ITS REGISTERED OFFICE AT NO.22/1
VITTAL MALYA ROAD
BENGALURU-560 001
REPRESENTED BY ITS DIRECTOR
MR. AKSHAY K. REDDY.
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RFA No. 1935/2024
9. THE CHIEF COMMISSIONER
BRUHATH BENGALURU MAHANAGARA PALIKE
HUDSON CIRCLE
BENGALURU-560 001.
...RESPONDENTS
(BY SRI GEORGE JOSEPH, ADVOCATE FOR C/R-5 AND R-6,
SRI DHYAN CHINNAPPA, SENIOR COUNSEL, FOR
SMT. SANJANA RAO, ADVOCATE FOR C/R-7 AND R-8,
SMT. SINCHANA M. R., ADVOCATE FOR R-9)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96
R/W ORDER XLI RULE 1 OF CPC., AGAINST THE ORDER DATED
15.06.2024 PASSED ON IA NO. 3 IN OS NO.6573/2023 ON THE FILE
OF XII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU,
ALLOWING THE IA NO. 3 FILED U/O 7 RULE 11(a), (b) AND (d) OF
CPC FOR REJECTION OF PLAINT.
THIS REGULAR FIRST APPEAL IS COMING ON FOR ADMISSION
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL
and
HON'BLE MR JUSTICE VENKATESH NAIK T
ORAL JUDGMENT
(PER: HON'BLE MRS JUSTICE K.S.MUDAGAL)
Heard Sri. T. Seshagiri Rao, learned counsel for Sri. Sunil S.
Rao, learned counsel for the appellant, Sri. George Joseph,
learned Advocate for Caveator respondent Nos.5 and 6 and
Sri. Dhyan Chinnappa, learned Senior Counsel for Smt. Sanjana
Rao, learned Advocate for Caveator respondent No.7 and 8 and
Smt. Sinchana M.R., learned Advocate for respondent No.9.
2. By the impugned order, the trial court has rejected the
plaint of the appellant exercising power under Order 7 Rule
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11(a), 11(b) and 11(d) of CPC. On hearing both side, it is found
that the trial court while rejecting the plaint has considered the
pleadings of defendants regarding the merits of the case.
3. Sri. Dhyan Chinnappa, learned Senior Counsel for
Smt. Sanjana Rao for caveator respondent No.7 and 8 submits
that appeal may be allowed and the matter may be remanded
to the trial court. Learned counsel for respondent Nos.5 and 6
concedes for remand with direction for disposal in time bound
manner.
4. Recording submissions, the appeal is allowed.
i) The impugned order dated 15.06.2024 passed on
I.A.No.3 in O.S.No.6573/2023 by learned XII Addl.
City Civil and Sessions Judge, Bengaluru is hereby set-
aside.
ii) I.A.No.3 in the said suit is rejected.
iii) Matter is remanded to the trial court. The trial court
shall give reasonable opportunity to both parties and
dispose of the matter, as expeditiously as possible at
any rate within six months from the date of
appearance of the parties.
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iv) To avoid further delay, the parties are hereby directed
to appear before the trial court on 21.10.2024 without
any further notice.
v) All contentions of the parties are left open.
Sd/-
(K.S.MUDAGAL)
JUDGE
Sd/-
(VENKATESH NAIK T)
JUDGE
MN
