JUDGMENT

Heard the learned counsel for the appellant-plaintiff and learned counsel for the respondents.

2. This appeal is filed challenging the order dated

29.07.2017 passed in O.S.No.337/2008 on the file of the Principal Civil Judge (Jr.Dn.), Bengaluru Rural, Bengaluru, wherein the Trial Court, invoking Order 7, Rule 10 of C.P.C. ordered to return the counter claim to the defendants for presentation before the proper Court. Earlier, vide order dated 04.07.2013, the Trial Court had also passed an order that plaint has been returned for presentation before the Civil Judge, Nelamangala which has got jurisdiction to entertain the suit on the ground that suit schedule properties are situated within the territorial jurisdiction of Nelamangala Court.

3. The factual matrix of the case is that the plaintiff has filed the suit for the relief of permanent injunction in respect of the properties which is situated at Nelamangala Taluk.

4. The defendants have also appeared and filed the written statement and made counter claim for Rs.54,26,920.79/- and the same exceeds the pecuniary jurisdiction of the Court. The Trial Court, considering the counter claim, comes to the conclusion that the same excee