- 1 - HC-KAR NC: 2025:KHC:20188 RFA No. 801 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM REGULAR FIRST APPEAL NO.801 OF 2025 BETWEEN: BHAVIN TOLIA S/O SHARAD CHANDULAL TOLIA AGED ABOUT 35 YEARS R/AT NO.15, HOSAKEREHALLI ROAD BYATARAYANAPURA MYSORE ROAD BENGALURU-560084 …APPELLANT (BY SRI.RAGHUNATH M D,ADVOCATE) AND: 1. M/S CENTRAL RESTAURANT AND CAFE A PARTNERSHIP CONCERN HAVING ITS OFFICE AT NO.130 KHB COLONY, 17TH H MAIN MIG, 5TH BLOCK, KORAMANGALA BENGALURU-560095 REP BY ITS PARTNERS 1) MR.MOHAMMED SHABAZ 2) MR. MOHAMMED AFSHAN 2. MR.MOHAMMED SHABAZ S/O MOHAMMED ANWAR AGED ABOUT 34 YEARS R/AT NO.26/A, 6TH CROSS 2ND MAIN, MINAJ NAGAR Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20188 RFA No. 801 of 2025 KADIRENAHALLI BENGALURU SOUTH BENGALURU-560078 3. MR.MOHAMMED AFSHAN S/O MOHAMMED ALIJAN AGED ABOUT 31 YEARS R/AT NO.13-6, J J RESIDENCY 4TH CROSS, JAYANAGAR 3RD BLOCK, EAST RBI EXTENSION BYRASANDRA BENGALURU SOUTH BENGALURU-560011 …RESPONDENTS (BY SRI. SUNIL KUMAR H, ADVOCATE FOR R.1 TO R.3) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE ORDER DATED 14.03.2025 PASSED ON I.A.NO.2/24 IN O.S. NO.25517/2024 ON THE FILE OF THE LXXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-73) PARTLY ALLOWING THE I.A.NO.2/24 FILED UNDER ORDER VII RULE 11 OF CPC FOR REJECTION OF PLAINT AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL JUDGMENT The captioned appeal is filed by the appellant - plaintiff under Section 96 of Civil Procedure Code (for short 'CPC') challenging the order dated 14.03.2025 - 3 - HC-KAR NC: 2025:KHC:20188 RFA No. 801 of 2025 passed on I.A.No.2/2024 by the learned Judge by exercising power under Order 7 Rule 10 of CPC. 2. Though the defendants sought for rejection of the plaint under Order 7 Rule 11 of CPC., the learned Judge found that the plaint needs to be returned by exercising power under Order 7 Rule 10 of CPC., which is appelable under Order 43 Rule 1A of CPC., therefore, the appeal is not maintainable. Accordingly, the appeal is dismissed as not maintainable reserving liberty to the appellant to avail remedy of appeal under Order 43 Rule 1A of CPC., If Appeal is filed within a period of two weeks, the appellant - plaintiff is entitled for the benefit under Section 14 of the Limitation Act. The interim order granted by this Court shall remain in force for a period of two weeks. - 4 - HC-KAR NC: 2025:KHC:20188 RFA No. 801 of 2025 Office is directed to forthwith return all the certified copies by securing photocopies of the same. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 17