K. NARAYANA MURTHY Vs. B.G. SURESH

JUDGEMENT

(1.) This appeal is filed under Section 341 of Cr.P.C. assailing the order dated 09.01.2019 passed by the court of XLIV Addl. City Civil Court, Bengaluru in O.S.No.6246/2017.

(2.) It is stated by the appellant that he purchased a shop in commercial complex known as Esteem Kanaka Plaza, Jayanagar, Bengaluru. The respondent in his individual capacity, purchased another shop next to the shop of the appellant. An association came to be formed in the name and style of 'Esteem Kanaka Plaza Vanijya Sankeerna Maalikara Kshemabhivrudhi Sangha' in order to look after and manage the commercial complex. The respondent being unable to digest the progress of the appellant in his business, filed a suit in O.S.No.6246/2017 for the relief of injunction. The appellant appeared before the Court and filed written statement as well as an application under Order 7 Rule 11 of Code of Civil Procedure, contending that the person who filed the suit never existed and he is not a person in the eye of law. The respondent filed an amended application in order to cure the defect to which the appellant filed objection. However, the respondent withdrew the suit.

(3.) It is the contention of the learned counsel for the appellant that the respondent created a fictitious association and created fabricated seal and filed the suit in the name of Esteem Kanaka Plaza Owners' Welfare Association. The respondent had filed a written statement before the competent authority namely the Registrar of the Society wherein he had affixed the corrected seal of the Association by name 'Esteem Kanaka Plaza Vanijya Sankeerna Maalikara Kshemabhivrudhi Sangha'. Hence, he submits that the cause title of the suit mentioning that the said association is registered association and affixing the seal of the same name to the plaint amounts to offences under the Indian Penal Code namely Sections 191 to 193, 196 to 200 and under sections 205 and 209 of IPC.