SIDDESH.M vs M/S INDOSTAR CAPITAL FINANCE LIMITED — 181/2023
Case under Order 7 Rule 1 of Cpc Section 1. Disposed: Uncontested--PLAINT REJECTED/RETURN on 18th March 2026.
O.S. - Original Suit
CNR: KABR320010272023
Filing Number
184/2023
Filing Date
10-Apr-2023
Registration No
181/2023
Registration Date
10-Apr-2023
Court
CIVIL JUDGE AND JMFC, DEVANAHALLI
Judge
1079-II Addl. CIVIL Judge And JMFC
Decision Date
18-Mar-2026
Nature of Disposal
Uncontested--PLAINT REJECTED/RETURN
Last updated 18-Jun-2026
Acts & Sections
Petitioner(s)
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1.SIDDESH.M
Adv. P.NARAYANAPPA
Respondent(s)
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1.M/S INDOSTAR CAPITAL FINANCE LIMITED
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2.M/S INDOSTAR CAPITAL FINANACE LIMITED
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3.MUNISHAMAPPA
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4.SOWMYA
Case History
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Case disposedDisposed
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18-Mar-2026
OrdersView PDF
Summary of O.S. No. 181/2023 Court Decision: The II Additional Civil Judge at Devanahalli rejected the plaintiff's plaint as barred by law under Section 34 of the SARFAESI Act, 2002. The court found that the plaintiff's suit seeking permanent injunction against a financial institution's recovery proceedings falls within the exclusive jurisdiction of the Debts Recovery Tribunal and not civil courts. Key Reasoning: The plaintiff claimed to be a tenant with a lease agreement dated 09.09.2020 and sought relief against interference with his possession. However, since the defendants had already initiated SARFAESI recovery proceedings following loan default and classified the mortgaged property as NPA, the appropriate forum for the plaintiff's grievance was the DRT under Section 17 of SARFAESI Act, not the civil court. This case analysis is maintained by casestatus.in based on publicly available court records.
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18-Mar-2026
Disposed
II Addl. CIVIL Judge And JMFC
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17-Mar-2026
Orders
II Addl. CIVIL Judge And JMFC
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03-Feb-2026
Orders
II Addl. CIVIL Judge And JMFC
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02-Dec-2025
Hearing
II Addl. CIVIL Judge And JMFC
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04-Nov-2025
Hearing
II Addl. CIVIL Judge And JMFC
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15-Sep-2025
Hearing
II Addl. CIVIL Judge And JMFC
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02-Jun-2025
Hearing
II Addl. CIVIL Judge And JMFC
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18-Mar-2025
Hearing
II Addl. CIVIL Judge And JMFC
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07-Jan-2025
Hearing
II Addl. CIVIL Judge And JMFC
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09-Dec-2024
Hearing
II Addl. CIVIL Judge And JMFC
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30-Oct-2024
Hearing
II Addl. CIVIL Judge And JMFC
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05-Aug-2024
Hearing
II Addl. CIVIL Judge And JMFC
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01-Jul-2024
Hearing
II Addl. CIVIL Judge And JMFC
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30-May-2024
Objection
II Addl. CIVIL Judge And JMFC
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08-Apr-2024
Objection
II Addl. CIVIL Judge And JMFC
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06-Mar-2024
Objection
II Addl. CIVIL Judge And JMFC
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18-Jan-2024
Objection
II Addl. CIVIL Judge And JMFC
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17-Nov-2023
Objection
II Addl. CIVIL Judge And JMFC
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29-Sep-2023
Objection
II Addl. CIVIL Judge And JMFC
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30-Aug-2023
Objection
II Addl. CIVIL Judge And JMFC
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14-Jul-2023
Objection
II Addl. CIVIL Judge And JMFC
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25-May-2023
Objection
II Addl. CIVIL Judge And JMFC
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10-Apr-2023
First hearing
Initial hearing scheduled
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10-Apr-2023
Case filed
Registration No. 181/2023
Summary of O.S. No. 181/2023 Court Decision: The II Additional Civil Judge at Devanahalli rejected the plaintiff's plaint as barred by law under Section 34 of the SARFAESI Act, 2002. The court found that the plaintiff's suit seeking permanent injunction against a financial institution's recovery proceedings falls within the exclusive jurisdiction of the Debts Recovery Tribunal and not civil courts. Key Reasoning: The plaintiff claimed to be a tenant with a lease agreement dated 09.09.2020 and sought relief against interference with his possession. However, since the defendants had already initiated SARFAESI recovery proceedings following loan default and classified the mortgaged property as NPA, the appropriate forum for the plaintiff's grievance was the DRT under Section 17 of SARFAESI Act, not the civil court. This case analysis is maintained by casestatus.in based on publicly available court records.
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