ANURADHA SHENOY Vs. N NANJAPPA

JUDGEMENT

(1.) THIS Civil Revision Petition filed under section 115 of the Code of Civil Procedure is by the defendant in OS No. 3797 of 2000, on the file of the XV Additional City Civil and Sessions Judge, bangalore City, being aggrieved by the order dated 28-1-2006, passed by the learned trial Judge on IA-V.

(2.) THE respondent in the revision petition, who is the plaintiff, had instituted the suit against the sole defendant praying for recovery of possession of the suit schedule property on the ground that the tenancy has been determined and that the defendant was required to hand over the vacant possession of the suit schedule property etc. , and for future mesne profit etc.

(3.) THE suit had been resisted by the defendant-petitioner and written statement had been filed. Issues had been framed and the parties had gone to trial on the issues framed. An application came to be filed by the defendants on 14-10-2004 invoking the provisions of Order VII, Rule ll (d)CPC praying for rejection of the plaint, which was numbered as IA-V and it is dismissal of this application under the impugned order, which has given rise for this revision petition.