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2023 Supreme(Online)(KAR) 25614

PRINCIPAL BENCH AT BENGALURU
MR.B.SATISH NAIDU – Appellant
Versus
AKASHVANI VASATHI NIRMANA SAHAKARA SANGA NIYAMITHA – Respondent


This appeal is directed against the impugned judgment and

decree dated 13.01.2021 passed in O.S.No.8098/2018 on the file

of XX Addl.City Civil and Sessions Judge, Bengaluru, whereby the

application I.A.No.3 filed by respondents 2 to 5 – defendants 2 to 5

- 3 -

under Order 7 Rule 11 CPC seeking rejection of the plaint was

allowed by the trial court, pursuant to which, the suit filed by the

appellant – plaintiff was dismissed by the trial court.

2. Heard learned counsel for the appellant and learned

counsel for the respondents and perused the material on record.

3. The material on record discloses that the appellant –

plaintiff instituted the aforesaid suit for permanent injunction and for

other reliefs against the respondents – defendants in relation to the

suit schedule immovable property. The said suit having been

contested by the respondents – defendants, defendants 2 to 5 filed

the instant I.A.No.3 seeking rejection of the plaint inter alia

contending that the same does not disclose the cause of action.

The said application having been opposed by the appellant –

plaintiff, the trial court proceeded to pass the impugned order

allowing I.A.No.3 and consequently, rejecting the

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