- 1 - HC-KAR NC: 2025:KHC:52721 CRP No. 374 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO.374 OF 2023 BETWEEN: 1. M/S ELEGANT PROPERTIES OFFICE NO.1, ELEGANT DESIRE, COLES ROAD, FRAZER TOWN, BENGALURU-560 005. REPRESENTED BY ITS PARTNER, B RAJASHEKHAR. 2. B RAJASHEKHAR OFFICE NO.1, ELEGANT DESIRE, COLES ROAD, FRAZER TOWN, BENGALURU-560005. …PETITIONERS (BY SRI SYED KHAMRUDDIN, ADVOCATE) AND: 1. M/S ARYA FOUR SEASONS No.4, 1ST FLOOR, ARYA HAMSA, SURVEY NO.28/1, KOTHANOOR, JP NAGAR, 8TH PHASE, 2ND BLOCK, BENGALURU-560 083, REPRESENTED BY ITS PARTNER, RAMALINGAM G. 2. R. VIJAYA CHAMUNDI WIFE OF B.RAJASHEKAR MAJOR OFFICE AT ELEGANT PROPERTIES OFFICE NO.1, ELEGANT DESIRE COLES ROAD, FRAZER TOWN BENGALURU – 560 005 Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52721 CRP No. 374 of 2023 3. GEARS AND PINIONS PRIVATE LIMITED, NO.494 (OLD NO.492) MAHADEVAPURA BENGALURU – 560 048 REPRESENTED BY ITS MANAGING DIRECTOR DILIP PRASAD KHEMKA 4. UNIVERSAL CARBURIZING WORKS PRIVATE LIMITED NO.61, WHITEFIELD ROAD MAHADEVPURA POST BENGALURU – 560 048 REPRESENTED BY ITS DIRECTOR MOHAMMED JAMAL /IMRAN JAMAL 5. R.SHANKAR S/O RAMACHANDRAPPA AGED ABOUT 56 YEARS MANJUNATHA NILAYA KANCHARKANAHALLY ST. THOMAS TOWN BENGALURU – 560 084 6. B.A.BASAVARAJA S/O ANJINAPPA AGED ABOUT 56 YEARS SRIRAMA NILAYA, NO.6 BYRATHI VILLAGE, KOTHANUR POST BENGALURU – 560 077 7. OZONE ELEGANT DEVELOPERS LLP 2ND FLOOR, NO.35/1, YELLAPPA CHETTY LAY-OUT CIVIL STATION, ULSOOR ROAD BENGALURU – 560 042 REPRESENTED BY ITS PARTNER SATHYA MOORTHY SAI PRASAD 8. OZONE INFRA DEVELOPERS PRIVATE LIMITED, DOOR NO.21/1, BEARYS HORIZON, WOOD STREET - 3 - HC-KAR NC: 2025:KHC:52721 CRP No. 374 of 2023 ASHOK NAGAR, BENGALURU – 560 025 REPRESENTED BY ITS DIRECTOR VASUDEVAN SATHYAMOORTHY 9. OZONE REALTORS PRIVATE LIMITED NO.51/7-1, RATHNA AVENUE OFF RICHMOND ROAD, CIVIL STATION BENGALURU – 560 025 REPRESENTED BY ITS DIRECTOR VASUDEVAN SATHYAMOORTHY 10. LEWIS INFRASTRUCTURE PROJECTS LEWIS TECHPARK, NO.18, MILLERS ROAD BENSON TOWN NANDIDURGA ROAD, BENGALURU – 560 046 REPRESENTED BY ITS PARTNER SANTOSH LEWIS 11. SANTOSH LEWIS THE NAME OF THE FATHER OF THE DEFENDANT NO.12 IS NOT KNOWN TO THE PLAINTIFF, MAJOR IN AGE, PARTNER AT LEWIS INFRASTRUCTURE PROJECTS, LEWIS TECHPARK, NO.18, MILLERS ROAD, BENSON TOWN NANDIDURGA ROAD BENGALURU – 560 046 …RESPONDENTS (BY SRI. SHRISHAIL SHIVABASAPPA NAVALGUND, ADVOCATE FOR R1; VIDE ORDER DATED 18.12.2023 NOTICE TO R2 TO R10 IS DISPENSED WITH) THIS CIVIL REVISION PETITION IS FILED UNDER SECTION 115 OF CIVIL PROCEDURE CODE AGAINST THE ORDER DATED 7.01.2023 PASSED IN O.S.No.1496/2022 ON THE FILE OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-15) AT BENGALURU REJECTING THE IA.NO.IV - 4 - HC-KAR NC: 2025:KHC:52721 CRP No. 374 of 2023 FILED UNDER ORDER VII RULE 11(d) OF THE CPC FOR REJECTION OF PLAINT. 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 Syed Khamruddin, learned counsel for the revision petitioners and Sri Shrishail Navalgund, learned counsel for respondent No.1. 2. At the outset, learned counsel for the parties would bring into the notice of this Court the order passed in CRP No.148/2023, wherein the co-defendants had approached this Court challenging the dismissal of the application filed under Order VII Rule 11 CPC seeking to reject the plaint on the ground of limitation and for want of cause of action. 3. A co-ordinate Bench of this Court after examining the validity of the said order, dismissed the revision petition and upheld the order. 4. Therefore, in terms of the order passed by the Co- ordinate Bench of this Court in CRP.No.148/2023, the present revision petition is to be disposed of. - 5 - HC-KAR NC: 2025:KHC:52721 CRP No. 374 of 2023 5. Accordingly, the following: ORDER Civil Revision Petition stands disposed of. Sd/- (V SRISHANANDA) JUDGE MR