- 1 - NC: 2025:KHC-D:3164 CRP No. 100008 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL REVISION PETITION NO. 100008 OF 2025 BETWEEN: SHRI. PARASHURAM S/O SHANKAR GHORPADE AGE: 66 YEARS, OCC: AGRICULURE, R/O. JAYANAGAR, MUDHOL, DIST. BAGALKOT 587313. …PETITIONER (BY SRI SANJAY GHORPADE,ADVOCATE) AND: SHRI. SADASHIV S/O SHANKAR GHORPADE AGE: 68 YEARS, OCC: AGRICULTURE, R/O. SHIVAJI NAGAR, SBI COLONY, MUDHOL, DIST. BAGALKOT 587313. …RESPONDENT THIS CRP IS FILED UNDER SECTION 115 OF CPC, PRAYING TO CALL FOR LOWER COURT RECORDS OF THE ORIGINAL SUIT NO.76/2024 ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS MUDHOL TO EXAMINE THE LEGALITY AND CORRECTNESS OF THE IMPUGNED ORDER PASSED ON INTERIM APPLICATION NO.III FILED UNDER ORDER 7 RULE 11(a) AND (d) OF CPC, DATED 07.11.2024 AND SET ASIDE THE IMPUGNED ORDER PASSED BY ADDITIONAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS MUDHOL DATED 07.11.2024 ON IA NO.3 VIDE ANNEXURE-Q TO AVOID THE ABUSE OF FURTHER COURT PROCEEDINGS. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRE Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:3164 CRP No. 100008 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE E.S.INDIRESH) This Civil Revision Petition is filed by the defendant in O.S.No.76/2024 challenging the order dated 07.11.2024 passed by the Additional Civil Judge and JMFC, Mudhol dismissing the I.A.No.3 filed under Order VII Rule 11(a), (d) read with Section 151 of the Code of Civil Procedure, 1908 (for short “CPC”). 2. Heard the learned counsel appearing for the petitioner. 3. Perusal of the revision petition papers would make it clear that the plaintiff has filed suit seeking relief of permanent injunction restraining the defendant from disturbing the plaintiff’s peaceful possession and enjoyment of the suit schedule property by the defendants. It is also stated at paragraph 11 of the plaint that the cause of action arose on 27.03.2024. Perusal of the plaint averments particularly, at paragraph 7, makes it clear that there is a compromise decree in R.A.No.13/2020 dated 17.03.2023. In that view of the matter, taking into consideration that the plaintiff is claiming - 3 - NC: 2025:KHC-D:3164 CRP No. 100008 of 2025 right over the property in question in terms of the compromise decree in R.A.No.13/2020, I am of the view that the reasons assigned by the Trial Court is just and proper and no interference is called for in this revision petition. As there is a necessity for conducting full-fledged trial to ascertain the rights of the parties, the petition is dismissed confirming the impugned order passed by the Trial Court. Sd/- (E.S.INDIRESH) JUDGE YAN CT:GSM List No.: 1 Sl No.: 15