SUDHA LAKSHMAN Vs. L. VENKATESH

JUDGEMENT

(1.) This petition is filed challenging the order dtd. 27/11/2019 passed on I.A.No.3 in O.S.No.3676/2019 on the file X Additional City Civil and Sessions Judge, Bengaluru.

(2.) This petition is listed for admission. Heard the learned counsel appearing for the respective parties.

(3.) The main contention of the counsel for the revision petitioner is that there is no cause of action to file the suit. The counsel brought to notice of this Court to the prayer sought in the suit. The main contention is that when BBMP comes to the conclusion that there is a violation, an order has been passed under Sec. 321(3) of the Karnataka Municipal Corporation Act (for short 'KMC Act'). Being aggrieved by the same, an appeal was filed before the Karnataka Appellate Tribunal (KAT) and stay was granted and the matter is pending before the KAT. In the meanwhile, an application was filed by the plaintiffs to implead them as parties to the proceedings and the same was rejected and thereafter, the present suit was filed. The counsel would vehemently contend that when the matter is ceased before the KAT, the very suit filed by the plaintiffs is not maintainable. Hence, an application was filed under Order VII Rule 11 (a) and (d) of CPC contending that there is no cause of action and the suit is barred by law. Hence, the Trial Court ought not to have rejected the application.