IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CIVIL REVISION PETITION NO.395 OF 2018 BETWEEN:
1. Shri Jayaramappa S/o. Shri Erappa Aged about 68 years 2. Smt. Chowdamma W/o. Shri Narayanaswamy Aged about 43 years 3. Smt. Shobha D/o. Shri Jayaramappa Aged about 40 years 4. Smt. Hemavathi D/o. Shri. Jayaramappa Aged about 38 years.
5. Smt. Savithri W/o. Shri Ravindra Aged about 35 years 6. Smt. Manju S/o. Shri Jayaramappa Aged about 33 years.
(By Sri. Shanmukhappa for M/s. Kesvy & Co.) … Petitioners AND:
1. Shri. Narasappa, S/o. Late Shri Muniyappa Aged about 53 years.
2. Shri. Papi Shetti S/o. Late Shri Erappa Aged about 78 years.
Both are residents of Kittaganooru Village, Bidarahalli Hobli, Bengaluru East Taluk – 560 098.
*** … Respondents This Civil Revision Petition is filed under Section 115 of the Code of Civil Procedure, against the order dt.30.06.2018 passed in O.S.No.832/2010 on the file of the II Addl. Senior Civil Judge, Bangalore Rural District, dismissing IA filed under Order VII Rule 11(a) and (d) of CPC for rejection of the plaint, etc.
This Civil Revision Petition coming on for Admission this day, the Court made the following:-
ORDER The learned counsel for the petitioners after arguing the matter to some extent fairly submits that the trial has commenced and therefore, he be granted liberty to raise all the issues during the course of the suit that was raised by way of an application under Order VII Rule 11 (a) and (d) of the Code of Civil Procedure, 1908 (hereinafter referred to as “the Code” for short).
2. In view of the aforesaid submission of the learned counsel for the petitioners, this Revision petition is disposed of with a liberty to the petitioners to raise all the objections with regard to maintainability of the Suit which are pleaded by them in application under Order VII, Rule 11 (a) and (d) of the Code.
Accordingly, the Revision Petition is disposed of.
BMV* Sd/- JUDGE