- 1 - NC: 2025:KHC-D:1613 CRP No. 100048 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL REVISION PETITION NO. 100048 OF 2022 (GM-CPC) BETWEEN: 1. SHRI. MALATESH S/O. ADIVEPPA KARJARI ALIAS VADDAR, AGE. 69 YEARS, OCC. PRIVATE SERVICES, R/O. AMRAVATI NAGAR, 2ND CROSS, HUBBALLI, DIST. DHARWAD-580001. 2. SHRI. BHEEMSHI S/O. ADIVEPPA KARJJARI ALIAS VADDAR, AGE. 57 YEARS, OCC. AGRICULTURE, R/O.KURUBAGONDA, TQ. AND DIST. HAVERI-581110. …PETITIONERS (BY SRI. MALLIKARJUNASWAMY B.HIREMATH, ADVOCATE) AND: 1. SHRI. HANUMANTAPPA S/O. HANUMAPPA KERUDU, AGE. 72 YEARS, OCC. AGRICULTURE, R/O. KURUBAGONDA, TQ. AND DIST. HAVERI-581110. 2. SHRI. HANUMANTAPPA S/O. DURGAPPA KERUDI, AGE. 47 YEARS, OCC. AGRICULTURE, R/O.KURUBAGONDA, TQ AND DIST. HAVERI-581110. MANJANNA E Digitally signed by MANJANNA E Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.01 11:43:00 +0530 - 2 - NC: 2025:KHC-D:1613 CRP No. 100048 of 2022 3. SMT. YELLAVVA W/O. DURGAPPA PELANAVAR, AGE. 50 YEARS, OCC. AGRICULTURE, R/O.KURUBAGONDA. TQ. AND DIST. HAVERI-581110. 4. SHRI. DURGAPPA S/O. DURGAPPA KERUDI, AGE. 39 YEARS, OCC. AGRICULTURE, R/O. KURUBAGONDA, TQ. AND DIST. HAVERI-581110. 5. SMT. PREMAKKA W/O. MALLAPPA TIMKAPUR, AGE. 38 YEARS, OCC. AGRICULTURE, R/O.KURUBAGONDA, TQ AND DIST. HAVERI-581110. 6. SMT. JEEVAKKA W/O. DURGAPPA HEDDIGONDA, AGE. 34 YEARS, OCC. AGRICULTURE, R/O.KURUBAGONDA, TQ AND DIST. HAVERI-581110. 7. SHRI. DYAMAPPA S/O. HANUMANTAPPA KERUDI, AGE. 67 YEARS, OCC. AGRICULTURE, R/O. KURUBAGONDA, TQ. AND DIST. HAVERI-581110. 8. SHRI. HANUMANTAPPA S/O. BASAPPA GOTANAVAR, AGE. 50 YEARS, OCC. AGRICULTURE, R/O. KURUBAGONDA, TQ. AND DIST. HAVERI-581110. 9. SMT. BASAVANNEVVA W/O. DYAMAPPA KERUDI, AGE. 57 YEARS, OCC. AGRICULTURE, - 3 - NC: 2025:KHC-D:1613 CRP No. 100048 of 2022 R/O. KURUBAGONDA, TQ. AND DIST. HAVERI-581110. 10. GANGADARA S/O. HANUMANTAPPA KARJAGI, AGE: 50 YEARS, OCC: PRIVATE SERVICE, R/O. AMARAVATHI NAGAR, 2ND CROSS, HUBBALLI TALUK: HUBBALLI, DISTRICT: DHARWAD – 580001. 11. MARUTHI S/O. HANUMANTAPPA KARJAGI, AGE: 48 YEARS, OCC: PRIVATE SERVICE, R/O. AMARAVATHI NAGAR, 2ND CROSS, HUBBALLI TALUK: HUBBALLI, DISTRICT: DHARWAD – 580001. 12. THARAKESH S/O. HANUMANTAPPA KARJAGI, AGE: 46 YEARS, OCC: PRIVATE SERVICE, R/O. AMARAVATHI NAGAR, 2ND CROSS HUBBALLI TALUK: HUBBALLI, DISTRICT: DHARWAD – 580001. 13. RAMAPPA S/O. ADIVEPPA KARJAGI, AGE: 60 YEARS, OCC: PRIVATE SERVICE, R/O. AMARAVATHI NAGAR, 2ND CROSS, HUBBALLI TALUK: HUBBALLI, DISTRICT: DHARWAD – 580001. 14. YELLAVVA W/O. BARAMAPPA AREMUCHADI, AGE: 58 YEARS, OCC: COOLI, R/O. MULATHALLI, TALUK: HEREKERUR, DISTRICT: HAVERI – 581110. - 4 - NC: 2025:KHC-D:1613 CRP No. 100048 of 2022 15. SMT. BASAVVA W/O. BARAMAPPA KARANDAWADA, AGE: 58 YEARS, OCC: COOLI, R/O. MADEVA NAGAR, 1ST CROSS, HUBBALLI TALUK: HUBBALLI, DISTRICT: DHARWAD – 580001. 16. SHANTAVVA W/O. CHENNAPPA POOJARA AGE: 56 YEARS, OCC: COOLI, R/O. KURUBAGONDA, TALUK AND DISTRICT: HAVERI – 581110. 17. SAAVAKKA W/O. SHEKAPPA MUDAGOD AGE: 49 YEARS, OCC: COOLI R/O. KURUBAGONDA, TALUK AND DISTRICT: HAVERI – 581110 18. YALLAPPA S/O. DURGAPPA DODDMANI AGE: 50 YEARS, OCC: COOLI, R/O. KURUBAGONDA, TALUK AND DISTRICT: HAVERI – 581110 19. MAHANTESH S/O. DURGAPPA DODDMANI, AGE: 30 YEARS, OCC: COOLI, R/O. KURUBAGONDA, TALUK AND DISTRICT: HAVERI – 581110. 20. BASAPPA S/O. DURGAPPA DODDMANI, AGE: 48 YEARS, OCC: AGRICULTURE, R/O. KURUBAGONDA, TALUK AND DISTRICT: HAVERI – 581110. 21. MALLESHAPPA S/O. DURGAPPA DODDMANI AGE: 55 YEARS, OCC: AGRICULTURE, R/O. KURUBAGONDA, TALUK AND DISTRICT: HAVERI – 581110. - 5 - NC: 2025:KHC-D:1613 CRP No. 100048 of 2022 22. HANAMANTHAPPA S/O. SANNABHEEMAPPA DHODMANI, AGE: 55 YEARS, OCC: AGRICULTURE, R/O. KURUBAGONDA, TALUK AND DISTRICT: HAVERI – 581110. 23. THIPPAVVA W/O. YALLAPPA VADDARA, AGE: 60 YEARS, OCC: COOLI, R/O. THIMAKAPURA, TALUK: BYADGI, DISTRICT: HAVERI – 581110. 24. DURGAVVA W/O. YALLAPPA BURADIKATTI, AGE: 58 YEARS, OCC: COOLI, R/O. AMBEDKAR NAGAR HEREKERUR, TALUK: HERKERUR, DISTRICT: HAVERI – 581110. 25. SHANTAVVA W/O. HANAMANTAPPA BURADIKATTI, AGE: 45 YEARS, OCC: COOLI, R/O. SUNNADA KALUVE ONI HEREKERUR, TALUK: HEREKERUR, DISTRICT: HAVERI – 581110. 26. KENCHAVVA W/O. CHINNAPPA VADDARA, AGE: 45 YEARS, OCC: COOLI, R/O. SUNNADA KOPPA, TALUK: SHIKARIPURA, DISTRICT: SHIVAMOGGA – 577201. 27. MUTTAPPA S/O. HANAMANTHAPPA KERUDI AGE: 44 YEARS, OCC: COOLI, R/O. KURUBAGONDA TALUK & DISTRICT: HAVERI – 581110. 28. KAMALAVVA W/O. YALLAPPA THIMAKAAPURA, AGE: 39 YEARS, OCC: COOLI, R/O. KURUBAGONDA, TALUK AND DISTRICT: HAVERI – 581110. 29. SURESH S/O. HANMANTHAPPA KERUDI, AGE: 38 YEARS, - 6 - NC: 2025:KHC-D:1613 CRP No. 100048 of 2022 OCC: AGRICULTURE, R/O. KURUBAGONDA, TALUK AND DISTRICT: HAVERI – 581110. 30. MALLESHA S/O HANMANTHAPPA KERUDI, AGE: 35 YEARS, OCC: COOLI, R/O. KURUBAGONDA, TALUK AND DISTRICT: HAVERI – 581110. 31. RAMESHA S/O. HANMANTHAPPA KERUDI, AGE: 32 YEARS, OCC: COOLI, R/O. KURUBAGONDA, TALUK AND DISTRICT: HAVERI – 581110. 32. YELLAVVA W/O. HANMANTHAPPA DEVAGIRI, AGE: 55 YEARS, OCC: COOLI, R/O. UPPANASI, TALUK: HANGAL, DISTRICT: HAVERI – 581110. 33. KENCHAVVA W/O. PUTTAPPA VADDARA, AGE: 36 YEARS, OCC: AGRICULTURE, R/O. SHESHAGIRI, TALUK: HANGAL, DISTRICT: HAVERI- 581110. 34. SUSHILAVVA W/O. BHEEMAPPA VADDARA, AGE: 36 YEARS, OCC: COOLI, R/O. SHESHAGIRI, TALUK: HANGAL, DIST: HAVERI – 581110. …RESPONDENTS THIS CRP IS FILED UNDER SECTION 115 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO SET ASIDE THE ORDER DATED 23.12.2021 PASSED BY THE PRL. CIVIL JUDGE & JMFC., HAVERI IN O.S.NO.522/2019 ON I.A. NO.4 AND CONSEQUENTLY ALLOW THE I.A. NO.4. THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: - 7 - NC: 2025:KHC-D:1613 CRP No. 100048 of 2022 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard Sri. Mallikarjunaswamy B Hiremath, learned counsel appearing for the petitioners. 2. This Civil Revision Petition is filed by the defendant No.4 and 5 in O.S.No.522/2019 on the file of the Principal Civil Judge and JMFC, Haveri (for short “the Trial Court”) challenging the order dated 23.12.2021 rejecting the I.A.No.4. 3. For the sake of convenience, the parties are referred to as per their rank before the Trial Court. 4. The plaintiffs have filed a suit in O.S.No.522/2019 seeking the relief of partition and separate possession in respect of the suit schedule property. The defendants entered appearance and filed their written statement. The defendant No.4 and 5 filed I.A.No.4 under Order VII Rule 11(a), (d) read with Section 151 of the Code of Civil Procedure, 1908 (for short “CPC”) seeking rejection of the plaint as the suit is barred by time and also there is no cause of action for filing the suit. The said application was rejected by the Trial Court by the - 8 - NC: 2025:KHC-D:1613 CRP No. 100048 of 2022 impugned order dated 23.12.2021. Hence, this revision petition is filed. 5. Sri. Mallikarjunaswamy B Hiremath, learned counsel appearing for the petitioners, contended that the suit property has been purchased by the father of the defendant No.4 and 5 on 23.02.1953. Further, the father of the plaintiffs has not challenged the said sale deed and therefore, the suit is barred by limitation. It is also submitted by the learned counsel appearing for the petitioners that the cause of action seeking relief of partition and separate possession cannot be accepted under the circumstances of the case and accordingly, sought for interference by this Court. In this regard, he places reliance on the judgment of the Hon’ble Supreme Court in the case of Raghavendra Sharan Singh v. Ram Prasanna Singh (Dead) by Legal Representatives1 and contended that since the suit is barred by limitation and therefore, the impugned order passed by the Trial Court requires to be interfered with in this petition. 1 (2020) 16 SCC 601 - 9 - NC: 2025:KHC-D:1613 CRP No. 100048 of 2022 6. Having taken note of the submissions made by the learned counsel appearing for the petitioners, I have carefully examined the averments made in the plaint and it is not in dispute that the relief sought for by the plaintiffs is for partition and separate possession in respect of the subject matter of the land. The defendant No.4 and 5 have stated that their father had purchased the schedule property on 23.02.1953 and therefore contended that the suit is barred by time and there is no cause of action to seek the relief of partition and separate possession in respect of the subject matter of the suit. In the light of the submission made by the learned counsel appearing for the petitioners and perusal of the plaint averments makes it clear that the rights of the parties would be crystallized only after enquiry with regard to the relief sought for by the plaintiffs, since the claim made by the plaintiffs in the suit is with regard to relief of partition and separate possession in respect of the subject matter of the property. A perusal of the averments made in the plaint, particularly with regard to the paragraphs 5, 6 and 11, wherein the plaintiff has stated that the land in question has been sold in collusion with defendants and therefore, taking into consideration that the rejecting of - 10 - NC: 2025:KHC-D:1613 CRP No. 100048 of 2022 the plaint at this stage is premature and evidence has to be adduced by the parties to prove their title in respect of the subject matter of the land and therefore, I am of the view that no interference be called for in this petition at this stage. The judgment referred to by the learned counsel for the petitioners is with regard to the relief of declaration in respect of the property in question, however in the present case, the relief of partition and separate possession is sought for by the plaintiffs and therefore, it is open for the parties to go on with the trial even in respect of limitation aspect is concerned and therefore, I do not find any merit in this petition. Accordingly, the petition stands dismissed. Sd/- (E.S.INDIRESH) JUDGE YAN CT:ANB List No.: 1 Sl No.: 19