Civil revision petition challenging the trial court's rejection of an application under Order VII Rule 11 CPC regarding a subsequent property suit. The revisionist argued for rejection of a later suit due to a prior pending suit. The bench held Order VII Rule 11 does not apply and Section 10 CPC is inapplicable due to different parties.
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:22834 CRP No. 85 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ CIVIL REVISION PETITION NO. 85 OF 2024 (IO)
BETWEEN:
SRI RAMARKRISHNA AGED ABOUT 61 YEARS, S/O LATE MUNIYAPPA, R/AT D NO.85/02, K R GARDEN, NEAR NATIONAL DAIRY DEVELOPMENT BOARD, 8TH BLOCK, KORAMANAGALA, BENGALURU 560095
…PETITIONER
(BY SRI. P NATARAJU.,ADVOCATE)
AND:
Digitally signed by NARAYANAPPA LAKSHMAMMA Location: HIGH COURT OF KARNATAKA
RESPONDENTS NO. 2 TO 5 ARE R/AT MALLAIAHNAKATTE VILLAGE, MANDYA TALUK AND DISTRICT 571401
RESPONDENTS NO. 7 TO 10 ARE R/AT AMACHAVADI VILLAGE, HARADANAHALLI HOBLI, CHAMARAJANAGARA TALUK AND DISTRICT 571313
…RESPONDENTS
THIS CRP FILED UNDER SECTION 115 OF CPC, PRAYING TO GRANT A JUDGMENT AND DECREE IN FAVOUR OF THE PLAINTIFF AND AGAINST THE DEFENDANTS ; DECLARING THAT THE PLAINTIFF IS THE ABSOLUTE OWNER OF THE SUIT SCHEDULE PROPERTY AND ETC.
NC: 2024:KHC:22834 CRP No. 85 of 2024
THIS CRP, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. Declaring that the plaintiff is the absolute owner of the suit schedule property;
2. Permanently restrain the defendant, their agents, servants or anybody claiming under them, from interfering with the peaceful possession and enjoyment of the suit schedule property.
3. And pass such other reliefs this Hon’ble Court deems fit to grant in the ends of justice.
seeking for the following relief;
Wherefore, the plaintiff humbly prays this Hon’ble Court may kindly be pleased to grant a Judgment and Decree in favour of the plaintiff and against the defendants:
NC: 2024:KHC:22834 CRP No. 85 of 2024
seeking for the following reliefs;
Prayer for judgement and decree
Wherefore, the plaintiffs pray that this Honorable Court, in the interest of justice and equity, be pleased to pass judgment and decree in their favour against the defendant as follows:
In alternative for possession directing the defendants to vacate and handover possession of the schedule property to the plaintiff;
under Order 7 Rule 11 contending that there is an earlier suit in OS No.362/2020 which is pending and
NC: 2024:KHC:22834 CRP No. 85 of 2024
as such the suit in OS No.23/2022 could not have been filed. If at all, a counter claim could have been filed in OS No.23/2022. The said application came to be rejected by the trial Court vide its order dated 19.12.2023 that the rights of the parties have to be established only after trial. The suits having been filed in a proper manner could not be found fault with and as such the dismissed the application, it is challenging same the petitioner is before this Court seeking for the aforesaid reliefs.
NC: 2024:KHC:22834 CRP No. 85 of 2024
available under Rule 11 of Order 7. If at all, there are two separate suits, the only options that the petitioner would have to seek for is stay of the subsequent suit and/or transfer of both the suites to the same Court to be disposed of after a common trial.
Sd/-
JUDGE
SR/List No.: 1 Sl No.: 52
2 issues framed by the court
Whether the grounds under Order VII Rule 11 CPC are available for a subsequent suit disputing filing order.
Whether Section 10 CPC applies when parties in suits are not identical.
2 provisions across 1 enactments
SRI RAMARKRISHNA
SRI RANGASHETTY
SMT PARVATHAMMA
SMT KAMALAMMA
SRI KUMARA
SURAJ GOVINDARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
