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2024 Supreme(Online)(Kar) 36471

KARNATAKA HIGH COURT
SRI SUHAIL KHAN – Appellant
Versus
DR GIRISH K NASHI – Respondent


ORDER

1. This petition by the defendant in Commercial O.S. No. 1110/2022 passed by the Commercial Court whereby the application, I.A. No. 4 filed by the petitioner – defendant 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 petitioner – defendant for ejectment, arrears of rent and other reliefs in relation to the suit schedule immovable property. Said suit is being contested by the petitioner – defendant. In addition thereto, petitioner – defendant filed instant application, I.A. No. 4 seeking rejection of the pliant inter alia contending that the respondents – plaintiffs had availed loan from Sir M. Vishveshwaraiah Co-operative Bank and since the 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 standi to institute suit against the petitioner – defendant and it is only the Bank which had stepped into the shoes of the respondents – plaintiffs that was enti

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