RAMAKRISHNA MATH Vs. S. YOGA

JUDGEMENT

(1.) This regular first appeal is filed by the appellant/plaintiff challenging the order dtd. 17/8/2023 passed in O.S.No.10414/2015 by the Court of LXI Additional City Civil and Sessions Judge, Bengaluru (CCH- 62) (hereinafter referred to as 'the Trial Court' for short) on the order passed on I.A.No.19 filed under Order VII Rule 11(d) of Code of Civil Procedure (hereinafter referred to as ' CPC ' for short), thereby, the plaint is rejected as barred by law under the provisions of Order XXIII Rule 3A of CPC .

(2.) For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Trial Court.

(3.) The plaintiff is Ramakrishna Math, established by Swami Vivekananda in Bengaluru. It is pleaded that originally S.Narayana was the absolute owner and in possession of the suit schedule property. He was an ardent devotee of the plaintiff/Ramakrishna Math and was a regular visitor and participant in its various programmes. The suit schedule property was allotted by the Bengaluru Development Authority (hereinafter referred to as 'BDA' for short) on 22/10/1973 and subsequently, the said S.Narayana was put into possession of the suit schedule properties vide possession certificate dtd. 16/7/1974. Thereafter, the BDA has executed the sale deed dtd. 23/5/1990 through registered sale deed and thereafter khatha certificate was issued in the name of S.Narayana. Thus S.Narayana became owner of the schedule property.