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
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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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