J U D G M E N T

1. This Second Appeal is filed against the divergent finding of the First Appellate Court passed in R.A.No.9/2023 dated 30.10.2023 on the file of Prl. Senior Civil Judge and CJM, Mangaluru.D.K in allowing the appeal and setting aside the order passed by the Trial Court in allowing the application filed under Order 7 Rule 11(d) of CPC.

2. This second appeal listed for admission and with the consent of both the counsel, heard the appeal on merits.

3. The parties are referred to as per their original rankings before the Trial Court to avoid confusion and for the convenience of the Court.

4. The factual matrix of case of plaintiff/respondent before the Trial Court that he has prayed restrain the defendant in interfering with peaceful possession and enjoyment of the suit schedule property consequent upon purchase made by the defendant/appellant herein. The suit schedule property which was purchased in the auction and contend that no possession is delivered to the auction purchaser. It is also contended that he had borrowed the loan and could not repay the amount and hence, the creditor Bank of Baroda classified the plaintiff’s company account as NPA on 01.04.2017 and proceed