K.H. NARAYANA Vs. S.L. BALAKRISHNA

JUDGEMENT

(1.) The appellants have filed the present appeal under Sec. 13(1A) of the Commercial Courts Act, 2015 [CC Act] read with Order XLIII Rule 1 of the Code of Civil Procedure, 1908 [CPC] impugning an order dtd. 14/3/2024 passed by the Principal District and Sessions Judge, Chikkamagaluru [Commercial Court] in Com.OS.FR No.104/2023 [impugned order]. In terms of the impugned order, the learned Commercial Court had directed return of the plaint to be presented before a proper court in accordance with law. The impugned order is premised on the basis that the suit instituted by the appellants did not involve any commercial dispute under Sec. 2(1) of the CC Act.

(2.) The only question to be addressed is whether the aforementioned suit instituted by the appellants involved a commercial dispute.

(3.) The appellants who are plaintiffs in the suit had filed the suit, inter alia, seeking a decree of ejectment of the respondents (defendants in the suit) from the suit property which was described as under: