SURESH KUMAR JAIN Vs. C. JAVERILAL MANDOT

JUDGEMENT

(1.) THESE two revision petitions are filed by respondents being aggrieved by order dated 13.11.2014 passed by the Chief Judge, Court of Small Causes, Bengaluru, in HRC No. 241/2013, whereunder application filed under Order VI Rule 17 CPC seeking permission to add paragraph 6(a) to the statement of objections and application filed under Order I Rule 10 CPC to implead original owner namely, Sri Jagadguru Renukadi Panchacharya Free Boarding Samsthe, Sree Mahantara Mutt, has been dismissed.

(2.) HEARD the arguments of Sri. V.B. Shivakumar, learned counsel appearing for revision petitioners (respondents before the trial Court) and Sri. C.V. Annaiah, learned counsel appearing for respondent/Caveator.

(3.) TRIAL Court after considering the objections filed to these two applications, has dismissed the applications on the ground that issue or lis between the Mutt and petitioners (in HRC No. 241/2013) cannot be gone into in an eviction proceedings and in view of the fact that petitioners (in HRC No. 241/13) being lessors, they are entitled to maintain eviction petition against its tenant. Hence, trial Court has dismissed both these two applications.