H.B.PRABHAKARA SASTRY
PRASAD BAJI S/O SHRI RAMACHANDRA DAMODAR BAJI – Appellant
Versus
VIJAYAKUMAR GHATAGE S/O SHRI GOKULRAO GHATAGE – Respondent
ORDER :
The present respondent as plaintiff has instituted a suit against the present petitioners arraying them as defendant Nos.1 and 2 respectively in the Court of learned III Senior Civil Judge, at Vijayapura (henceforth for brevity referred as ‘the trial Court’) in O.S.No.110/2019 for the relief of permanent injunction. The present petitioners as defendants appearing in the matter through their counsel filed an application i.e., I.A.No. II under Order VII Rule 11(d) of Code of Civil Procedure (henceforth for brevity referred as ‘CPC’) for rejection of plaint as barred by law. The plaintiff filed his statement of objection to the said application. The trial Court after hearing both sides by its impugned order dated 11.11.2020 dismissed the said I.A.No.II. Aggrieved by the same, the defendants in the trial Court who are the applicants in the said application I.A.No.II have preferred the present revision petition.
2. The respondent is being represented by his learned counsel. Though this matter was listed for admission, however with the consent from both sides, the matter is taken up for its final disposal. Accordingly, heard arguments from both sides.
3. Perused the materials placed
Alka Gupta vs. Narender Kumar Gupta reported in (2010) 10 SCC 141
Jayantilal Chimanlal Patel vs. Vadilal Purushottamdas Patel reported in (2017) 13 SCC 409
Popat and Kotecha Property vs. State Bank of India Staff Association reported in (2005) 7 SCC 510
Kamala and Others vs. K. T. Eshwara Sa and Others reported in (2008) 12 SCC 661
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