B. M. VENKATA REDDY Vs. SRI RIYAZ AHMED

JUDGEMENT

(1.) The petitioners, who are the defendants in O.S.No.7266/2015 on the file of the LXI Additional City Civil and Sessions Judge, Bengaluru City (CCH-62) (For short, 'the civil Court'), have filed this petition being aggrieved by the order dtd. 10/6/2021. The civil Court by this order dtd. 10/6/2021 has rejected the petitioners' application under Order VII Rule 11(d) of CPC. The petitioners' grievance against this order could only be canvassed in a civil revision petition filed under Sec. 115 of CPC, and this petition cannot be maintained.

(2.) When this is pointed out, the learned counsels for the petitioners submit that the petitioners be given liberty to convert this petition into a civil revision petition, and because the suit in O.S.No.7266/2015 is scheduled to be listed on 03. 08.2021, further proceedings in the suit may be deferred for a period of two weeks so that the petitioners could do the needful for converting the petition into a civil revision petition and seek necessary orders.

(3.) The request on behalf of the petitioners is considered and the petition stands disposed of for statistical reasons with liberty to the learned counsels for the petitioners to convert this 'writ petition' into a 'civil revision petition' under Sec. 115 of CPC. Insofar as the request for deferring further proceedings in O.S.No.7266/2015, it would suffice for this Court to observe that, given the circumstances, it would be open to the petitioners to make such a request with the civil Court on the next date of hearing for considering the same.