- 1 - NC: 2024:KHC-D:13477 WP No. 106618 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF SEPTEMBER, 2024 BEFORE THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD WRIT PETITION NO.106618 OF 2019 (GM-CPC) BETWEEN: 1. SRI. SUNIL S/O. BHARAMANI CHAVAN, AGED ABOUT 53 YEARS, OCC: BUSINESS. 2. RANJEET S/O. NAGESH CHAVAN, AGED ABOUT 39 YEARS, OCC: BUSINESS. 3. SRI. ABHIJEET S/O. NAGESH CHAVAN, AGED ABOUT 36 YEARS, OCC: BUSINESS, PETITIONERS ARE R/AT: NO.2223, BHOI GALLI, BELAGAVI TALUK AND DISTRICT, BELAGAVI-590001. …PETITIONERS (BY SMT. VIDYA, ADVOCATE FOR SRI. K. RAGHAVENDRA RAO, ADVOCATE) AND: SMT. SAVITA W/O. PARASHURAM SHESHAGIRI, AGED ABOUT 49 YEARS, OCC: AGRL. & BUSINESS, R/AT ARYA-TEJ BUILDING, PLOT NO.731, BUDA-KANBARGI LAYOUT, RAMATIRTHNAGAR, BELAGAVI TQ., BELAGAVI DISTRICT-590001. …RESPONDENT (BY SRI. R.M.HIREMATH, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, QUASH THE IMPUGNED ORDER PASSED BY THE LEARNED II ADDITIONAL SENIOR CIVIL JUDGE BELAGAVI IN O.S.NO.8/2017 DATED 17.11.2018 ON I.A.NO.3 FOUND AT ANNEXURE-E., AND ALLOW THIS WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by VINAYAKA B V Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD Date: 2024.09.21 16:45:03 +0530 - 2 - NC: 2024:KHC-D:13477 WP No. 106618 of 2019 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) This petition is filed calling in question an order rejecting the application filed under Order VII Rule 11(d) of CPC, and this Court must opine that this Court’s consistent view has been that the merits of such orders must be examined under Section 115 of CPC. As such, the learned counsel is reserved liberty to do the needful for listing of this petition as a Civil Revision Petition, and for statistical purposes, the petition stands disposed of. Sd/- (B.M.SHYAM PRASAD) JUDGE RSH / Ct:vh List No.: 1 Sl No.: 16