JUDGMENT :

This appeal is filed by the plaintiff against the order dated 23.04.2019 passed by XXII Additional City Civil and Sessions Judge, Bengaluru, on I.A.No.5 in O.S.No.3780/2017. By the impugned order, the trial court has allowed I.A.No.5 filed by defendant no.4 under Order VII Rule 11(b) and (d) of CPC and has rejected the plaint as not maintainable in view of the bar under Section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘SARFAESI Act’).

2. For the sake of convenience, the parties are referred to herein as per their status before the trial court.

3. It is contended by the plaintiff that she is the owner of the property bearing No.45 (old no.71/6) situated at 4th Cross, Meenakshinagar, Kamakshipalya, Bengaluru – 560 079, totally measuring 900 square feet, which is hereinafter referred to as the suit schedule property.

4. It is alleged that the plaintiff had sold the property in favour of defendant no.1 by virtue of a registered sale deed dated 27.11.2009. Thereafter, the suit schedule property has been mortgaged in favour of defendant nos.4 and 5Banks for loans availed. It is the contention of the p