M/S. PLANET AUTOKRAFT PRIVATE LTD v. SRI LAKSHMIPATHI REDDY K
WP/4213/2025 · 2025-02-18
H T Narendra Prasad
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 45759 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45759 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:7223 WP No. 4213 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 4213 OF 2025 (GM-CPC) BETWEEN:
M/S. PLANET AUTOKRAFT PRIVATE LTD HAVING ITS REGISTERED OFFICE AT NO. 1040, DR. RAJ KUMAR ROAD 4TH BLOCK, RAJAJINAGAR BANGALORE-560010.
REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR SMT. ARUNAA RAAVI R/AT NO. 2878/28, 14TH MAIN E BLOCK, 2ND STAGE, RAJAJINAGAR BANGALROE-560010. …PETITIONER (BY SMT. RAJESHWARI M.,ADVOCATE) AND:
1.
SRI LAKSHMIPATHI REDDY K S/O LATE DODDAPPAIAHNNA AGED ABOUT 63 YEARS
2.
SMT. G. K. SUJATHA W/O. LAKSHMIPATHI REDDY. K AGED ABOUT 62 YEARS BOTH ARE RESIDENTS OF KAMBADAHALLI, MELURU POST SIDDLAGHATTA TALUK CHIKKABALLAPURA DISTRICT-562106 …RESPONDENTS (BY SRI.SHANKAR REDDY., ADVOCATE FOR C/RESPONDENTS)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:7223 WP No. 4213 of 2025
ORDER DATED 03.02.2025 ON IA.X, PASSED BY X ADDITIONAL DISTRICT AND SESSIONS JUDGE (DEDICATED COMMERCIAL COURT) BANGALORE RURAL DISTRICT AT BANGALORE IN COM. NO. 329/2023 VIDE ANNEXURE –F AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER
1. This writ petition under Article 227 of the Constitution of India is filed by the defendant challenging the order dated 03.02.2025 passed on I.A.No.10 under Order VII Rule 11 read with Section 151 of CPC in Com.O.S.No.329/2023 by the X Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, whereby the trial Court rejected the said application.
2. The plaintiffs filed the suit for the recovery of arrears of rent. After service of summons, the defendant appeared through counsel and filed written statement. On the basis of the pleadings of the parties, the Trial Court has framed issues. The parties have adduced their evidence and the
arguments have been concluded. When the matter was
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NC: 2025:KHC:7223 WP No. 4213 of 2025
posted for judgment, defendant has filed I.A.No.10 under
Order VII Rule 11 read with Section 151 of CPC for rejection of the plaint. Since the issue in respect of maintainability is already framed as issue No.3, the parties have adduced the evidence with regard to maintainability. At this stage, that too when the matter was posted for
judgment, the application for rejection of the plaint, cannot be entertained. The trial Court has rightly dismissed the application. There is no error or illegality n the order passed by the trial Court.
3. Accordingly, the writ petition is dismissed. Insofar as cost of Rs.30,000/- imposed by the trial Court is concerned, the same is reduced to Rs.10,000/-.
Sd/- (H.T. NARENDRA PRASAD) JUDGE
HA List No.: 1 Sl No.: 26