M/S Casablanca Estate v. Mohammed Mukarram @ M S Mukarram
Case brief
What is this about?
Karnataka High Court (Bengaluru), WP No. 7623 of 2022 (GM-CPC), decided 12-12-2025 by Justice S Vishwajith Shetty. Defendants (M/s Casablanca Estate and Mahmood Ayaz) challenged notice and order dated 15/01/2021 of the V Addl. City Civil and Sessions Judge, Bengaluru in O.S. 9021/2019, a suit under Section 6 of the Specific Relief Act filed by Mohammed Mukarram @ M.S. Mukarram, and sought rejection of the plaint for want of jurisdiction. Petition dismissed: alternative remedy under Order VII Rule 11 CPC not availed. Keywords: Article 227; Order VII Rule 11 CPC; alternative remedy; Section 6 Specific Relief Act; rejection of plaint; jurisdiction; GM-CPC.
What did the court decide?
Order VII Rule 11 of CPC provides a specific remedy to the defendant; since the defendants did not avail that remedy and instead rushed to this Court, the writ petition cannot be entertained.