BANGALORE CITY EMPLOYEES HOUSING AND SOCIAL WELFARE CO-OPERATIVE SOCIETY LTD. AND OTHERS Vs. SRI RAJANNA S/O KALAPPA

JUDGEMENT

(1.) CRP 308/2012 is filed against the dismissal of application filed under Order 7 Rule 11(a) CPC. CRP 309/2012 is filed against dismissal of application filed under Order 7 Rule 11(d) CPC. The learned' trial judge has rejected the applications. Therefore, the defendants are before this court. I have heard Sri. C.S. Prasanna Kumar, learned counsel for petitioners/defendants and Sri. Ashok Haranahalli, learned Senior Counsel for first respondent/plaintiff.

(2.) THE brief facts necessary for disposal of these petitions are as follows: The plaintiff has filed O.S. No. 25422/2011 seeking following reliefs: a) To declare that the plaintiff is entitled to 11 sites free of cost from the 1st defendant; b) For mandatory injunction, directing the defendants to give the sites to the plaintiff and to execute necessary documents and put the plaintiff into possession of sites; c) For costs and such other relief's as this Hon'ble court deems fit in the facts and circumstances of the case, in the interest of justice and equity.

(3.) ON 02.01.2012, the first defendant filed two applications one under Order 7 Rule 11(a) and another application under Order 7 Rule 11(d) CPC, for rejection of plaint interalia contending that plaint does not disclose cause of action and the suit is barred by limitation. The plaintiff filed objections.