On 09.08.2021, the division bench of the Hon’ble Supreme Court of India (“SC”) unanimously dismissed the civil appeal arising out of the Special Leave Petition (“SLP”) filed against the judgment of the Dharwad Bench of the High Court of Karnataka (“HC”). [Srihari Hanumandas Totala v. Hemant Vithal Kamat, 2021 SCC OnLine SC 565] The case primarily concerns the issue surrounding the rejection of the application under Order VII Rule 11 [“O7 R11”] of the Code of Civil Procedure 1908 (“CPC”) which was dismissed by the Trial Judge in 2019. The appellant filed a revision petition under Section 115 of the CPC before the HC assailing the order of the Trial Court. Pursuant to the dismissal of the revision petition by the HC, the appellant approached the SC challenging the order of the HC.
