GOUSMOHIDDIN Vs. FAZALULLA AND OTHERS

JUDGEMENT

(1.) The petitioner is before this Court assailing the order dated 06.10.2015 passed on I.A.No. 7 in O.S.No. 491/2012.

(2.) The respondents herein have filed the suit in O.S.No. 491/2012 seeking possession of the suit schedule properties from the defendant. The petitioner herein who is the defendant has filed the written statement to the said suit disputing the ownership to the property and also contending that a suit of the present nature is not maintainable. During the pendency of the suit, the petitioner has also filed an application under Order 7, Rule 11 (d) contending that since the present suit is barred under the provisions of the Karnataka Resit Act, 1999 ('the Act' for short), the plaint be rejected. The said application was opposed. The Court below after taking note of the rival contentions has passed the order impugned dated 06.10.2015.

(3.) Heard the learned counsel for the parties and perused the petition papers.