Revision petition challenging trial court's rejection of a suit under Order VII Rule 11 CPC on grounds including Section 13 of the Karnataka Ownership Flats Act. Court held the specific remedy lies under Section 13(6) before the District Court and dismissed the petition with liberty to pursue that remedy.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CIVIL REVISION PETITION NO. 8 OF 2019 (SC)
BETWEEN:
MISS. KARISHMA P SHAH, D/O MR. PARESH S SHAH, AGED ABOUT 26 YEARS, CHARTERED ACCOUNTANT BY PROFESSION, R/AT NO.29,SHARDA COLONY, 7TH B MAIN, 3RD STAGE, 4TH BLOCK, BASAWESHWARANAGAR, BANGALORE – 560 079.
…PETITIONER
(BY SRI. DILRAJ ROHIT SEQUEIRA., ADVOCATE)
AND:
NO.2,1ST MAIN, INDUSTRIAL TOWN, RAJAJINAGAR, WOC ROAD, BANGALORE – 560 044.
…RESPONDENTS
(BY SRI. P.D.SURANA, ADVOCATE FOR R1 TO R3; SRI. H.V.DEVARAJU, ADVOCATE FOR R4)
THIS CRP IS FILED UNDER SECTION 18 OF THE SMALL CAUSES COURT ACT, AGAINST THE ORDER DATED 10.12.2018 PASSED ON I.A.NO.III IN S.C.NO.782/2018 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSES JUDGE AND XXXIII ACMM, MEMBER, MACT, BENGALURU, ALLOWING THE I.A.NO.III FILED UNDER ORDER 7 RULE 11 OF CPC FOR REJECTION OF PLAINT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
NC: 2024:KHC:38782 CRP No. 8 of 2019
ORAL ORDER
The challenge in this petition is to the order passed by the Trial Court, wherein the application filed under Order VII Rule 11 of the Code of Civil Procedure (CPC) was allowed. The Trial Court held that the suit was not maintainable in view of Section 13(5)(b) of the Karnataka Ownership Flats (Regulation of the Promotion of Construction, Sale, Management, and Transfer) Act, 1972 (“the Act”) and on the additional ground that there was a dispute regarding the title of the subject property.
Sd/(HEMANT CHANDANGOUDAR) JUDGE
RKA
List No.: 1 Sl No.: 52
1 issue framed by the court
Whether a civil revision petition under Section 18 of the Small Causes Court Act is maintainable against rejection of a suit under Section 13 of the Karnataka Ownership Flats Act.
5 provisions across 3 enactments
Miss. Karishma P Shah
M/s. Bindu Ventures (represented by its Managing Partner Mr. Jayesh Z Shah)
Mr. Jayesh Z Shah
Mr. Dipenbhai
Assistant Executive Engineer, N3 Sub Division, BESCOM
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
