JUDGMENT

1. This appeal is filed under Section 341 of Cr.P.C. assailing the order dated 09.01.2019 passed by the court of XLIV Addl. City Civil Court, Bengaluru in O.S.No.6246/2017.

2. It is stated by the appellant that he purchased a shop in commercial complex known as Esteem Kanaka Plaza, Jayanagar, Bengaluru. The respondent in his individual capacity, purchased another shop next to the shop of the appellant. An association came to be formed in the name and style of 'Esteem Kanaka Plaza Vanijya Sankeerna Maalikara Kshemabhivrudhi Sangha' in order to look after and manage the commercial complex. The respondent being unable to digest the progress of the appellant in his business, filed a suit in O.S.No.6246/2017 for the relief of injunction. The appellant appeared before the Court and filed written statement as well as an application under Order 7 Rule 11 of Code of Civil Procedure, contending that the person who filed the suit never existed and he is not a person in the eye of law. The respondent filed an amended application in order to cure the defect to which the appellant filed objection. However, the respondent withdrew the suit.

3. It is the contention of the learned counsel f