C.A.V. JUDGMENT

(PER: HON'BLE MR. VIBHU BAKHRU ,CHIEF JUSTICE)

1. The appellants have filed the present appeal under Section 13(1A) of the Commercial Courts Act, 2015 [CC Act] read with Order XLIII Rule 1 of the Code of Civil Procedure, 1908 [CPC impugning an order dated 14.03.2024 passed by the Principal District and Sessions Judge, Chikkamagaluru [Commercial Court in Com.OS.FR No.104/2023 [impugned order]. In terms of the impugned order, the learned Commercial Court had directed return of the plaint to be presented before a proper court in accordance with law. The impugned order is premised on the basis that the suit instituted by the appellants did not involve any commercial dispute under Section 2(1) of the CC Act.

2. The only question to be addressed is whether the aforementioned suit instituted by the appellants involved a commercial dispute.

3. The appellants who are plaintiffs in the suit had filed the suit, inter alia, seeking a decree of ejectment of the respondents (defendants in the suit) from the suit property which was described as under:

"SCHEDULE PROPERTY

All the piece and parcel of the commercial land along with structures, if any, standing thereon admeasuring 1575 Squar