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2021 Supreme(Kar) 549

B.M.SHYAM PRASAD
Sipani Energy Limited – Appellant
Versus
Kirti Service Station – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Kempe Gowda, Advocate for Sanjay Nair, Advocate
For the Respondent:C.N. Mahadeshwara, Advocate

ORDER :

B.M. SHYAM PRASAD, J.

1. The second defendant in O.S. No. 6732/2016 on the file of the LVI Additional City Civil & Sessions Judge, Bengaluru [CCH-57] (for short, 'Civil Court') has filed this revision petition impugning the order dated 5.4.2017 whereby, the petitioner's application [I.A. No. 4] under Order VII, Rule 11[d] of the Code of Civil Procedure, 1908 [for short 'the CPC'] is rejected.

2. The first respondent-plaintiff (hereafter referred to as 'the Firm') has filed the suit in O.S. No. 6732/2016 for decree of specific performance with a direction to the second respondent and the petitioner to execute a registered lease deed for a period of eleven years ten months effective from the date of such registration asserting inter alia that it is entitled for such decree in terms of the registered Lease Deed dated 10.11.2004. The Firm has also sought for declaration that the registered Lease Deed dated 1.8.2016 executed by the second respondent in favour of the petitioner-is void ab initio and not binding on it.

3. The petitioner, who has filed written statement contesting the suit, has also filed I.A. No. 4 under Order VII, Rule 11[d] of the CPC for rejection of the plaint ass

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