- 1 - HC-KAR NC: 2025:KHC:44731 CRP No. 307 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 307 OF 2022 (IO) BETWEEN: 1. SRI DR V PRASAD S/O SRI VELAYUDAN PILLAI AGED ABOUT 58 YEARS 572, 5TH MAIN BOGADI 2ND STAGE(NORTH) MYSURU - 570 017 …PETITIONER (BY SRI. G. RAVISHANKAR SHASTY, ADVOCATE FOR SRI. BHASKAR K., ADVOCATE) AND: 1. THE REGIONAL COLLEGE OF EDUCATION EMPLOYEES HOUSING CO OPERATIVE SOCIETY(R) OFFICE SITUATED AT: R I E CAMPUS MANASA GANGOTHRI MYSORE REPRESENTED BY ITS PRESIDENT AND SECRETARY SRI K P NAVEEN PIN - 570 006 2. SRI C S S KASHYAP S/O LATE C SHESHACHALAIAH AGED ABOUT 61 YEARS 86, VAIVASVATHA GAYATHRIPURAM 1ST STAGE(NORTH) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:44731 CRP No. 307 of 2022 MYSORE PIN - 570 019 …RESPONDENTS (BY SRI. SRINIVASA D.C., ADVOCATE FOR R1 R2 IS SERVED AND UNREPRESENTED) THIS CRP IS FILED UNDER SECTION 115 OF CPC, AGAINST THE ORDER DATED 30.06.2022 PASSED IN OS.NO.407/2019 ON THE FILE OF THE II ADDL. SESSIONS CIVIL JUDGE AND CJM, MYSURU. DISMISSING THE APPLICATION FILED UNDER ORDER 7 RULE 11 R/W SECTION 151 OF CPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri. G. Ravishankar Shastry., learned counsel for the petitioner. 2. None appears for the respondents. 3. Defendant No.1 in a suit bearing No. O.S No.407/2019 is the revision petitioner. - 3 - HC-KAR NC: 2025:KHC:44731 CRP No. 307 of 2022 4. He has challenged the validity of the order passed by the Learned Trial Judge on the application filed under order VII Rule 11 r/w Section 151 of CPC rejecting the application. 5. Facts in the nutshell which are utmost necessary for disposal of the present revision petition is as under:- 5.1 A suit came to be filed by 1st respondent with the following prayer in respect of the following immovable property. Prayer i. Wherefore, plaintiff prays that this Hon'ble Court in the interest of justice and equity be pleased to pass a judgment and decree in his favour and against the defendants as follows:- ii. Declare that the plaintiffs are the absolute owners of the suit schedule property by cancelling the sale dated 12.09.2016 executed by the plaintiff and put the plaintiff in possession of the property. iii. and directing the 1st defendant to execute a registered deed of cancellation of the sale deed conveying the suit schedule property in favour of the plaintiff and upon his failure to execute the registered deed, this Hon'ble Court may be pleased to execute the registered deed of - 4 - HC-KAR NC: 2025:KHC:44731 CRP No. 307 of 2022 cancellation of sale deed conveying the suit schedule property in favour of the plaintiff; iv. Direct the 1st defendant to deliver vacant possession of the suit schedule property to the plaintiff; v. Directing the defendants to pay the sum of Rs.7,75,500/- along with costs and currents interest at the rate of 24% per annum from 12.09.2016. vi. Award costs of these proceedings; and vii. Grant all such other reliefs as are necessary in the circumstances of the case. Schedule Site bearing No.39, at R.C.Layout carved out in the land bearing Sy.No.54/1 of Bogadi village, Kasabha Hobli, Mysore Taluk measuring East to West 15 Meters and North to South 9.00 meters in total 135.00 sq mtrs., bounded on the East by : Site Bearing No.32, West by : Road, North by : Site No.40, South by : Site Bearing No.38. 5.2 Plaintiff contended that 1st Defendant being the member of the society was removed as per Section 30 (B) of the Karnataka Co-operative Societies Act, 1959 based on the notification issued by the Government. By virtue of the - 5 - HC-KAR NC: 2025:KHC:44731 CRP No. 307 of 2022 membership, 2nd defendant executed a sale deed representing the plaintiff-society in favour of the 1st defendant, which is now sought to be cancelled in view of the membership has been lost. 5.3 The action of removing the membership was questioned before the Assistant Registrar, Co-operative Societies and first defendant was successful in setting aside the cancellation of the membership. 5.4 First respondent- society appealed against the said order of the Assistant Registrar of Co-operative Societies before the Karnataka Appellate Tribunal (Co-operative) and said appeal also came to be dismissed. 6. In view of the same, first defendant is now seeking rejection of the plaint. If the first defendant is successful in getting his membership restored, nothing remains in the suit. 7. If that is so Defendant can place those records before the Trial Court and lead evidence and conclude the suit at the earliest. - 6 - HC-KAR NC: 2025:KHC:44731 CRP No. 307 of 2022 8. This revision petition itself is pending from the year 2022. Admittedly, as on the date of filing the application under Order VII Rule 11 of CPC, these materials were not there on record and it is settled principles of law and requires no emphasis while considering the rejection of the plaint, plaint averments alone to be looked into. 9. Accordingly, following:- ORDER i. Revision Petition is dismissed. ii. However all contentions are kept open to be urged in the trial. Sd/- (V SRISHANANDA) JUDGE VS List No.: 1 Sl No.: 89 CT-SG