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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M. NAGAPRASANNA
P. Vasudeva Kamath, S/o. late P. Subraya Kamath – Appellant
Versus
Jayashri R. Kamath, W/o. Late Ramdas Kamath – Respondent
ORDER :
(M. NAGAPRASANNA, J.)
The petitioners are before this Court calling in question an order dated 28-02-2025 passed by the IV Additional District and Sessions Judge, Mangalore in Commercial O.S.No.302 of 2024 whereby application filed by the petitioners/defendants under Order VII Rule 11 of the CPC comes to be dismissed.
2. Facts, in brief, germane are as follows: -
The petitioners are the defendants/tenants and respondent is the plaintiff/owner. The plaintiff institutes a suit in O.S.No.245 of 2023 seeking delivery of vacant possession of the suit schedule property and clearance of arrears of rent. In the suit, for about 6 months, the matter was adjourned for settlement between the parties. An application comes to be filed for return of the plaint on the ground that the issue in the lis has to be adjudicated before the Commercial Court under the COMMERCIAL COURTS ACT , 2015. The application is answered and the plaint is returned to be presented before the Commercial Court. It then becomes a commercial original suit in Commercial O.S.No.302 of 2024. Once the plaint is returned and presented before the Commercial Court, an application comes to be filed by the defendants under Ord
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