ABDUL QUDDHOSE, J.

(Prayer: Original Side Appeal filed under Order XXXVI Rule 9 of O.S. Rules read with Clause 15 of Letters Patent, against the Order and Decree dated 17/4/2018 made in A.No.8015 of 2017 in C.S.No.629 of 2017 by the learned Single Judge, on the file of this Court.)

1. The issue whether the suit is a suit for land or not continues to keep resurfacing, despite several judicial pronouncements made by the Hon-ble Supreme Court as well as various High Courts. We need to plug the loopholes to prevent in future such suits being filed before the wrong Court by clever drafting of the plaint and camouflaging the actual reliefs.

2. The instant intra Court appeal has been filed under Order XXXVI Rule 9 of O.S Rules, r/w. Clause 15 of Letters Patent, challenging the order dated 17.04.2018, passed by the learned Single Judge of this Court in Application No.8015 of 2017 in C.S.No.629 of 2017.

3. The brief facts leading to the filing of the instant appeal are as follows:

3.1. The appellant is the first defendant in the suit in C.S.No.629 of 2017, filed by the respondents 1 to 4. The fifth respondent is the second defendant in the suit and is the bank to whom monies are payabl