A housing finance company petitioned the High Court under Section 115 CPC because the Trial Court had not disposed of its application to reject a plaint in a suit pending since January 2024. The High Court directed the Additional Civil Judge and JMFC, Ramanagara to dispose of I.A.II in OS No.24/2024 on or before 31.1.2025.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:52196 CRP No. 113 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CIVIL REVISION PETITION NO. 113 OF 2024
BETWEEN:
CAN FIN HOMES LTD A NON-BANKING FINANCE COMPANY INCORPORATED UNDER COMAPANIES ACT, 1956 REGULATED UNDER THE PROVISIONS OF THE NATIONAL HOUSING BANK ACT 1987 HAVINT ITS BRANCH OFFICE AT SRI ANNAPOORNESHWARI COMPLEX ABOVE CANARA BANK, B.G.S. ROAD BIDADI, RAMANAGARA DISTRICT-562 109 REPRESENTED BY ITS AUTHORIZED OFFICER SRI SHIV V R THROUGH D. NARAYANA SWAMY ADVOCATE-9945138186.
…PETITIONER
(BY SRI. D. NARAYANA SWAMY, ADVOCATE)
Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA
AND:
ISWAR RAO SON OF NANJUNDA RAO E AGED ABOUT 60 YEARS RESIDING AT NO.48 HANUMANTHANAGAR RAMANAGARA TOWN RAMANAGARA-562 159.
…RESPONDENT
THIS CRP IS FILED UNDER SECTION 115 OF CPC, PRAYING TO STRIKE OF THE PLAINAT AND FURTHER
NC: 2024:KHC:52196 CRP No. 113 of 2024
PROCEEDINGS IN OS.NO.24/2024 FILED ON IN THE COURT OF ADDITIONAL CIVIL JUDGE AND JMFC, RAMANAGARA.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The petitioner has filed an application under Order VII Rule 11(d) read with Section 151 of CPC and Sections 34 and 35 of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 for rejection of plaint filed under Order VII Rule 1 and 2 of CPC.
Sd/(HEMANT CHANDANGOUDAR) JUDGE
BKM
1 issue framed by the court
Whether the Trial Court should be directed to promptly dispose of the petitioner's plaint-rejection application pending since 24.1.2024?
3 provisions across 2 enactments
CAN FIN HOMES LTD
ISWAR RAO S/O NANJUNDA RAO E
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
