(1.) This petition is filed challenging the order dtd. 9/8/2019 passed in I.A.No.III in O.S.No.8499/2017 on the file of the XXIX Addl. City Civil and Sessions Judge, Bengaluru City.
(2.) This petition is listed for admission. Heard the learned counsel appearing for the respective parties.
(3.) The suit was filed by the plaintiff before the Trial Court for the relief of declaration to declare that the release deed dtd. 27/1/2012 executed by the plaintiff in favour of defendant releasing the schedule 'B' property as null and void and for the consequential relief to declare that the plaintiff is the owner of schedule 'B' property. The defendant who appeared before the Trial Court filed the written statement denying the averments made in the plaint and also filed I.A. under Order VII Rule 11 of CPC praying the Trial Court to reject the plaint since the same is not maintainable and the same is barred by limitation and the counsel for the defendant submits that no consequential relief is sought for the relief of possession and hence, the plaint is liable to be rejected. The plaintiff filed the objection to the said I.A. contending that no specific grounds are made out to invoke Order VII Rule 11 of CPC to reject the plaint.