K.T. PRAKASH Vs. UMESH C.

JUDGEMENT

(1.) This revision petition is filed challenging the order dtd. 7/1/2023 passed on O.S.No.731/2019 on the file of the I Additional Senior Civil Judge and JMFC, Nelamangala.

(2.) Heard the learned counsel appearing for the respective parties.

(3.) The petitioners herein have filed an application under Order VII Rule 11(a) and (d) of CPC before the Trial Court for rejection of the plaint on the ground that the same does not disclose cause of action and also it is barred under Sec. 118 of the Karnataka Co-operative Societies Act. In support of this application, defendant No.3 sworn to an affidavit contending that the suit is filed by the plaintiffs seeking the relief of declaration to declare that the compromise entered between defendant No.1 i.e., society and defendant Nos.2 to 9 is not binding on defendant No.1 and its members since, the plaintiffs being the members of defendant No.1 society have no independent right, title, interest to challenge the compromise decree passed in O.S.No.360/2012 and the said compromise decree has been passed in the interest of defendant No.1 society and its site owners and defendant No.1 and its members have taken all the benefits under the terms of compromise. It is also contended that the plaintiffs in the suit are neither parties in O.S.No.360/2012 nor they are individual parties to the compromise entered into between defendant No.1 society and defendant Nos.2 to 9 culminating into a decree in O.S.No.360/2012 and the plaintiffs are not signatories to any of the documents thus, they are strangers to these documents.