N. JAYARAM Vs. B.R. RAMASWAMY GOWDA

JUDGEMENT

(1.) The plaintiff is before this Court in this writ petition filed under Article 227 of the Constitution of India with a prayer to set aside the order dtd. 18/4/2023 passed on I.A.No.II in O.S.No.169 of 2022 by the Court of Senior Civil Judge & JMFC, Kunigal.

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

(3.) The suit in O.S.No.169 of 2022 is filed by the petitioner herein before the jurisdictional Civil Court at Kunigal seeking the relief of specific performance. In the said suit, I.A.No.II was filed on behalf of the sole defendant under Sec. 8 of the Arbitration and Conciliation Act, 1996 (for short the 'Act, 1996) and the said application was opposed by the plaintiffs by filing objections. The trial Court vide the order impugned has allowed the said application and has returned the plaint with liberty to the plaintiffs to appear before the competent forum. Being aggrieved by the said order, plaintiffs are before this Court.