- 1 - HC-KAR NC: 2025:KHC:40008 WP No. 15322 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 15322 OF 2014 (GM-CPC) BETWEEN: BANGALORE DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, BANGALORE - 560 020. REPRESENTED BY ITS COMMISIONER. …PETITIONER (BY SRI. SACHIN B.S., ADVOCATE) AND: 1. NAYAZUDDIN S, S/O SIRAJUDDIN, AGED ABOUT 34 YEARS, NO.343, JALAHALLI WEST, VASANTHAPPA MAIN ROAD, KAMMAGONDANAHALLI WEST, BANGALORE - 560 015. 2. MOHAMMED HAFEEZULLAH (SHRIEFF), AGED ABOUT 59 YEARS, S/O LATE ABDUL AZEEZSAHEB, RESIDING AT NO.30/1, KHM BLOCK, R.T.NAGAR, BANGALORE - 560 032. …RESPONDENTS (R2 SERVED UNREPRESENTED) THIS W.P. IS FILED UNDER ARTILCES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DT.27.1.2014 PASSED ON I.A.NO.3 IN O.S.NO.7925/2012 BY THE LEARNED 27TH ADDITIONAL CITY CIVIL JUDGE, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:40008 WP No. 15322 of 2014 BANGALORE AS PER ANNX-A AND ALLOW THE APPLICATION I.A.NO.3 FILED BY THE PETITIONER AS PER ANNX-F AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER This writ petition under articles 226 and 227 of the Constitution of India is filed by the defendants with a prayer to quash the order dated 27.01.2014 passed on I.A.No.3 in O.S.No.7925/2012 by the Court of XXVII Additional City Civil Judge, Bengalore. 2. Heard the learned counsel for the petitioner. 3. Respondents herein had filed O.S.No.7925/2012 before the Court of XXVII Additional City Civil Judge, Bengaluru with a prayer to grant decree of permanent injunction restraining the defendants and its official or anyone on its behalf from interfering with the plaintiff's peaceful possession and enjoyment of the suit schedule property in any manner, including the demolition of the house. In the said suit, the defendant had filed I.A.No.3 - 3 - HC-KAR NC: 2025:KHC:40008 WP No. 15322 of 2014 under Order VII Rule 11(d) of CPC for rejection of plaint and vide the order impugned the said application was rejected by the Trial Court and being aggrieved by the same petitioner is before this Court. 4. The consequence of allowing the application I.A.No.3 filed under Order VII Rule 11(d) of CPC would be culminating of the suit proceedings and therefore, as against an order passed on I.A.No.3, the petitioner herein was required to file a civil revision petition as provided under Section 115 of CPC and the present writ petition is therefore not maintainable. Under the circumstances, this petition is dismissed as not maintainable, with liberty to the petitioner to file a civil revision petition under Section 115 of CPC, if so advised. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 1