- 1 - HC-KAR NC: 2025:KHC:37084 CRP No. 464 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CIVIL REVISION PETITION NO. 464 OF 2025 (IO) BETWEEN: C. S. KODANDARAMARAJU S/O SHESMARAJU, AGED ABOUT 56 YEARS, R/O SABARI NEST, NO. 20, 1ST CROSS, GURU RAGHAVENDRA LAYOUT, J.P.NAGAR, 7TH PHASE, BENGALURU - 560 078. …PETITIONER (BY SRI. PAVAN KUMAR G., ADVOCATE) AND: 1. MRS. S. BHAGYALAXMI D/O LATE K.SHAMNNA, AGED ABOUT 64 YEARS, R/O KAUSTHUBHA, NO. 304, 4TH CROSS, JAYANAGAR, HBSCS, 1ST STAGE, PADMANABHANAGAR, BENGALURU - 560 070. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37084 CRP No. 464 of 2025 2. NAGENDRA T.V. S/O VENKATESHA SHETTY, FLAT NO.G3, SOUMYA APARTMENTS, 6TH CROSS, 2ND MAIN ROAD, AESC LAYOUT, SANJAY NAGAR, RMV EXTENSION, 2ND STAGE, BENGALURU - 560 094. …RESPONDENTS (BY SRI. K. M. JAGANATH, ADVOCATE) THIS CRP IS FILED UNDER SECTION 115 OF CPC, AGAINST ORDER DATED 17.04.2025 PASSED ON I.A.NO.5 IN O.S.NO.2366/2021 ON THE FILE OF THE LXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY, DISMISSING THE I.A.NO.5 FILED UNDER ORDER VII RULE 11 R/W SEC.151 OF CPC, FOR REJECTION OF PLAINT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA - 3 - HC-KAR NC: 2025:KHC:37084 CRP No. 464 of 2025 ORAL ORDER The petitioner is before this Court, seeking the following prayer: "Wherefore the petitioner pray that this Hon'ble Court be pleased to: a. To call for records and set aside the order dated 17/4/2025 in O.S.No.2366/2021 passed by the LXII Additional City Civil and Sessions Judge, Bengaluru City (CCH-63) on IA No.5 and further order to allow the IA No.5 filed by the petitioner; b. To grant such other relief as this Hon'ble Court deems fir in the circumstances of the case in the interest of justice and equity." 2. The petitioner is defendant No.1 and respondent No.1 is the plaintiff. The plaintiff institutes a suit seeking permanent injunction in OS.No.2366/2021 against respondent No.2. The suit progresses further, written statements are filed, issues are framed and the trial is on. At that point in time, the petitioner files an application under Order VII Rule 11 of the CPC seeking rejection of the plaint on the score that the memorandum of understanding between the two, would project an arbitration to be the mode of resolution of the dispute and not institution of a Civil suit. 3. Learned counsel for the petitioner would also submit that based upon the said submissions, now an additional issue - 4 - HC-KAR NC: 2025:KHC:37084 CRP No. 464 of 2025 is framed with regard to the jurisdiction before the concerned Court and that is pending consideration and the rejection of the application filed under Order VII Rule 11 of the CPC would come in the way of consideration of the said issue. 4. In the light of the said circumstance of the concerned Court now framing an additional issue qua the jurisdiction with particular reference to the Arbitration clause in the memorandum of understanding, I deem it appropriate to dispose the subject petition, reserving liberty to the petitioner to urge all the contentions before the concerned Court qua the additional issue that is now framed. The rejection of the application filed under Order VII Rule 11 of the CPC will not come in the way of the projection of the petitioner qua the additional issue that is already framed. 5. For the aforesaid observations, the petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE PHM/List No.: 1 Sl No.: 3