- 1 - NC: 2025:KHC:13066 CRP No. 205 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS CIVIL REVISION PETITION NO. 205 OF 2022 (IO) BETWEEN: SMT. L.M. SARVAMANGALA, D/O LATE L. MAHADEVAIAH, AGED ABOUT 60 YEARS, R/O NO. 118, FLAT NO F-2, JANHAVI CLUSTERS, P AND T COLONY, 1ST STAGE, GEDDALAHALLI VILLAGE, KASABA HOBLI, BENGALURU NORTH TALUK - 94 …PETITIONER (BY SRI. K.N. NITISH, ADVOCATE FOR SRI. K.V. NARASIMHAN, ADVOCATE) AND: 1. SRI. NAGABHUSHANA, S/O SRI. A.S. RUDRAPPA, AGED ABOUT 66 YEARS, R/O NO. 41, P AND T COLONY, NEAR GANESHA TEMPLE, HEMAVATHI NAGARA, SARASWATHI PURAM, HASSAN - 573 201. 2. BRUHAT BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, BENGALURU, KARNATAKA - 560 002. 3. JM FINANCIAL ASSET RECONSTRUCTION COMPANY LTD., Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13066 CRP No. 205 of 2022 NO. 40/1A, 4TH FLOOR, BASAPPA COMPLEX, LAVELLE ROAD, BENGALURU, KARNATAKA - 560 001. …RESPONDENTS (BY SRI. POORNACHANDRA B PATTAR, ADVOCATE FOR R1; SRI. B.S. KARTHIKEYAN, ADVOCATE FOR R2; R3 SERVED - UNREPRESENTED) THIS CRP FILED UNDER SECTION 115 OF CPC AGAINST THE ORDER DATED 13.12.2021 PASSED ON IA No. III IN OS No.880/2021 ON THE FILE OF THE XX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, REJECTING THE IA No.III FILED UNDER ORDER VII 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 R DEVDAS ORAL ORDER This CRP has been filed by 1st defendant in O.S.No.880/2021, aggrieved of the rejection of the application filed by 1st defendant under Order VII Rule 11 of CPC seeking rejection of the plaint. 2. It is the contention of the petitioner that 1st respondent herein has filed the suit seeking a permanent - 3 - NC: 2025:KHC:13066 CRP No. 205 of 2022 injunction and restraint order against the 1st defendant by making false allegations that 1st defendant is trying to interfere with the suit schedule property. It is not disputed that the petitioner herein is the owner of the apartment bearing No.F2 situated on the II floor of Janavi Clusters Apartment, P and T Colony, I Stage, Geddalahalli Village, Kasaba Hobli, Bangalore North Taluk. The plaintiff is the owner of the apartment bearing No.F3 situated on the III floor. However, it is the contention of the petitioner herein that the said apartment on the III floor could not have been put up, since there is no sanction for putting up the apartment on the III floor. In that regard, the petitioner has lodged a complaint before the officers of the BBMP to initiate action for the illegal construction. Action has been initiated by the officers of the BBMP and in the meanwhile, the suit has been filed by the 1st respondent herein. 3. On the previous occasion, this Court recorded such submissions being made at the hands of the learned counsel for the petitioner that the petitioner is not claiming - 4 - NC: 2025:KHC:13066 CRP No. 205 of 2022 any right over the flat belonging to the 1st respondent herein. On the other hand, the petitioner is only pursuing the complaints made by her before the officers of the BBMP to take action in accordance with law and take it to its logical conclusion. In that view of the matter, it was submitted that the petitioner will file an affidavit clearly stating that the petitioner will not in any manner interfere with the possession of the suit schedule property. Accordingly, the petitioner has filed an affidavit dated 24.03.2025. A copy of the same has been served on learned counsel for 1st respondent/plaintiff. However, learned counsel for 1st respondent submits that the petitioner has not said anything regarding interference in the affidavit. It also does not disclose anything regarding actions such as cutting off water supply, power supply, or preventing the 1st respondent from using the staircase or the lift to the III floor. 4. Nevertheless, having regard to the clear statement made by the petitioner that she does not claim any right - 5 - NC: 2025:KHC:13066 CRP No. 205 of 2022 over the apartment bearing No.F3 which has been purchased by the 1st respondent herein, learned counsel would also submit on instructions that the petitioner will not indulge in any such act like cutting off the water supply or the power supply. In fact, it is submitted that the petitioner cannot indulge in such action, since such act can be done only by the competent authority. 5. In that view of the matter, the Civil Revision Petition stands disposed of, placing on record the affidavit filed by the petitioner/1st defendant. It is also made clear that the petitioner/1st defendant will not cause any such disturbance to the plaintiff in the matter of usage of the staircase/lift and the lobbies. If the 1st respondent/plaintiff has been allotted any parking area, the same will be permitted to be used without any disturbance at the hands of the petitioner herein. 6. In view of the above, the suit in O.S.No.880/2021 may be permitted to be withdrawn by the plaintiff, in view - 6 - NC: 2025:KHC:13066 CRP No. 205 of 2022 of the statements made by the 1st defendant before this Court. Ordered accordingly. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 20 CT: BHK