B.K. HANUMANTHARAYAPPA Vs. VEERBHADRAIAH

JUDGEMENT

(1.) This petition under Sec. 151 of Code of Civil Procedure is filed challenging the order dtd. 31/10/2015 passed by the Additional Civil Judge and JMFC at Magadi in Original Suit No.85 of 2014, by which the suit was dismissed as not maintainable.

(2.) Learned counsel appearing for the petitioner submits that in the absence of any bar contained under the provisions of law, the suit filed by the Petitioner was maintainable. Hence, the impugned order passed by the trial Court is not sustainable in law.

(3.) On the other hand, learned counsel for the respondents submits that the petitioner is not entitled for claiming damages as averred in the plaint, and in the absence of any material, the trial Court has rightly passed the impugned order, and the same does not warrant any interference.