(1.) This revision petition is filed challenging dismissal of the application filed by the defendant/revision petitioner under Order VII Rule 11(d) read with Sec. 151 CPC seeking rejection of the plaint as barred by law under Order II Rule 2 CPC.
(2.) Plaintiff - respondent herein filed O.S. No. 1147/2001 on 13.02.2001 seeking a decree of permanent injunction against the revision petitioner/defendant. Relief sought in the said plaint reads as under:
(3.) The suit schedule property is a residential premise bearing No. 7 situated within Ward No. 92, Jaymahal Road, Bengaluru - 46, with specified boundaries. In paragraph 11 of the plaint, plaintiff alleged that defendant had removed the name plate of the plaintiff on 27.01.2001 and highhandedly painted his name on the wall and therefore, plaintiff approached the jurisdictional police, who assured him that they would call the defendant and try to resolve the dispute; defendant went on dilly dallying with the police, gained some time and on 01.02.2001 filed a suit in the City Civil Court, Bengaluru, in O.S. No. 886/2001; on 11.02.2001 and 12.02.2001, defendant came supported by some supporters and threatened the plaintiff with serious consequences if he did not vacate the premises on his own; when the plaintiff again approached the Police, they told the plaintiff that the matter was purely a dispute of civil nature and he could approach the Civil Court, if so desired. Thus, alleging that intention of the defendant was clear and interference was unbearable and if not protected, his valuable rights would be affected, he filed the suit.