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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
V SRISHANANDA
Mujaid Pasha, S/O Late Abdul Rawoof – Appellant
Versus
Muneer Basha, S/O D.A. Rawoof – Respondent
ORDER :
V. Srishananda, J.
1. Heard Sri. Karan Khivesra, learned counsel for the revision petitioners and Sri. Sreekar for Sri. Sampath A., learned counsel for the respondent.
2. Facts in the nutshell which are utmost necessary for disposal of the present revision petition are as under:
2.1 Defendants No.1 to 9 are the revision petitioners challenging the dismissal of the application filed under Order VII Rule 11 of the Code of Civil Procedure in the suit filed by the respondent in OS No.47/2022 for the relief of specific enforcement of the agreement to sell with the following prayer in respect of following immovable property:
PRAYER :
Wherefore, the plaintiffs prays that this Hon'ble court be pleased to pass a judgment and decree in favour of the plaintiffs and against the defendants for the relief of Specific performance of contract;
a). Direct the defendants to execute the regular sale deed in favour of the plaintiff by receiving balance sale consideration amount of Rs 30,000/-(Thirty thousand rupees only).
b) If the defendants fail to execute the sale deed, appoint an court commissioner to execute the sale deed, in favour of the plaintiff, and to hand to over the possession to the plai
The court determined that applications under Order VII Rule 11 must allow parties to present evidence at trial, as disputed factual matters cannot be resolved at this stage.
A plaint cannot be dismissed under Order VII Rule 11 when limitation depends on disputed facts, requiring a full trial to establish cause of action.
Rejection of plaint – When rejection of plaint is sought in application filed under O.VII R.11, same is to be considered from facts of each case, looking at averments made in plaint.
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