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2024 Supreme(Online)(KAR) 19695

HIGH COURT OF KARNATAKA
MR JUSTICE S.R.KRISHNA KUMAR, J
SMT NISHAT SULTAN – Appellant
Versus
DR GIRISH K NASHI – Respondent


Advocates:
SRI RAJENDRA M A, ADVOCATE; SRI V LAKSHMI NARAYAN, SENIOR ADVOCATE FOR SRI K N MAHABALESHWARA RAO, ADVOCATE FOR C/R1-R4

ORDER

1. These petitions by the defendants in Commercial O.S. Nos. 1046/2022, 1044/2022, 1108/2022, 1043/2022, 1109/2022 and 1045/2022 against the order passed by the Commercial Court whereby the application, I.A. No. 4 filed by the petitioners – defendants under Order VII Rule 11 CPC for rejection of the plaint was rejected by the trial Court.

2. A perusal of the material on record will indicate that the respondents – landlords instituted the aforesaid suit against the petitioners – defendants for ejectment, arrears of rent and other reliefs in relation to the suit schedule immovable property. Said suit is being contested by the petitioners – defendants. In addition thereto, petitioners – defendants filed instant applications, seeking rejection of the plaint inter alia contending that the respondents – plaintiffs had availed loan from Sir M.

Vishveshwaraiah Co-operative Bank and since the WP No. 6850 of 2024 WP No. 7216 of 2024 WP No. 7302 of 2024 WP No. 7362 of 2024 respondents were defaulters, said Bank had initiated proceedings for recovery including proceedings under the SARFAESI Act against the respondents. It is therefore contended that the respondents did not have locus s

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