- 1 - NC: 2025:KHC-D:2938 CRP No. 100010 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL REVISION PETITION NO. 100010 OF 2025 (-) BETWEEN: UMA W/O. GAVISIDDAPPA ARER, AGE. 58 YEARS, OCC. AGRICULTURE, R/O. KUKANOOR, KOPPAL TQ AND DIST. KOPPAL – 583231. …PETITIONER (BY SRI. C.S SHETTAR, ADVOCATE) AND: 1. MARDAN BEE W/O. MARDANSAB IRAKALGADA, AGE. 78 YEARS, OCC. HOMEMAKER, R/O. TEGGINAKERA KOPPAL, TQ. AND DIST. KOPPAL-583231. 2. SAKINABEGAM W/O. TIPPUSULTAN, AGE: 59 YEARS, OCC: HOMEMAKER, R/O: MUJAVAR CAMP, GANGAVATHI, - 583 227 TQ: GANGAVATHI, DIST: KOPPAL. 3. P. MUNTAJ BEGAM W/O. MARDAN SAB, AGE: 58 YEARS, OCC: HOMEMAKER, R/O: KARIGANUR - 583 223 TQ: HOSPET, DIST: BALLARI. 4. PATEEMA BEGAM W/O. MABU SAB, Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:2938 CRP No. 100010 of 2025 AGE: 44 YEARS, OCC: HOMEMAKER, R/O: KAPALI ONI, KOPPAL, TQ: & DIST: KOPPAL - 583 231. 5. GOUSEEYA BEGAM W/O. HASANASAB AGE: 41 YEARS, OCC: HOMEMAKER, R/O: NEAR GALEMMA GUDI, NAGAVI - 582 103 TQ: & DIST: GADAG. 6. RAJEEYA BEGAM W/O. JINDESAB NADAF, AGE: 51YEARS, OCC: HOMEMAKER R/O: KURUBARA ROAD, KAPALI ROAD KOPPAL. TQ: & DIST: KOPPAL - 583 231. 7. MANJAPPA S/O. BASAPPA KANAKAGIRI, AGE: 50 YEARS, OCC: AGRICULTURE, R/O. KURUBARA ONI, KOPPAL, TQ: & DIST: KOPPAL - 583 231. 8. YALLAPPA S/O. BASAPPA KANAKAGIRI, AGE: 52 YEARS, OCC: AGRICULTURE, R/O. KURUBARA ONI, KOPPAL, TQ: & DIST: KOPPAL - 583 231. 9. HANUMAPPA S/O BASAPPA KANAKAGIRI, AGE: 54 YEARS, OCC: AGRICULTURE, R/O. KURUBARA ONI, KOPPAL, TQ: & DIST: KOPPAL - 583 231. 10. NINGAPPA S/O. KANAKAPPA - 3 - NC: 2025:KHC-D:2938 CRP No. 100010 of 2025 AGE: 64 YEARS, OCC: AGRICULTURE, R/O. KURUBARA ONI, KOPPAL, TQ: & DIST: KOPPAL - 583 231. 11. YALLAPPA S/O. SIDDAPPA AGE: 52 YEARS, OCC: AGRICULTURE, R/O KURUBARA ONI, KOPPAL, TQ: & DIST: KOPPAL - 583 231. 12. PAKEERAMMA S/O. NAGAPPA KANAKAGIRI, AGE: 67 YEARS, OCC: AGRICULTURE, R/O. KURUBARA ONI, KOPPAL, TQ: & DIST: KOPPAL - 583 231. 13. SUJATHA W/O. SUDESHA PATTANASETTI, AGE: 44 YEARS, OCC: AGRICULTURE, R/O. KOPPAL, TQ: & DIST: KOPPAL - 583 231. 14. YAMANAVVA W/O. BEERAPPA KANAKAGIRI AGE: 62 YEARS, OCC: AGRICULTURE R/O KURUBARA ONI, KOPPAL, TQ: & DIST: KOPPAL - 583 231. 15. PAKEERAPPA S/O. HONNAPPA KANAKAGIRI, AGE: 57 YEARS, OCC: AGRICULTURE, R/O: KALIDASA NAGAR, KOPPAL TQ: & DIST: KOPPAL - 583 231. …RESPONDENTS - 4 - NC: 2025:KHC-D:2938 CRP No. 100010 of 2025 THIS CRP IS FILED UNDER SEC.115 OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 21.01.2025 AT ANNEXURE-A PASSED BY THE LEARNED ADDITIONAL CIVIL JUDGE AND JMFC, KOPPAL IN O.S NO.254/2023 ON I.A.NO.II AND CONSEQUENTLY, THE SUIT FILED IN O.S.NO.254/2023 BEFORE PRINCIPAL CIVIL JUDGE AND JMFC, KOPPAL MAY BE DISMISSED. THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. This petition is filed by defendant No.1 in O.S.No.254/2023 on the file of the Civil Judge and JMFC, Koppal challenging the order dated 21.01.2025 wherein Trial Court declined to interfere with the prayer made in the application filed under Order 7 Rule 11 of CPC read with Section 61(3) of the Karnataka Land Revenue Act, 1964. 2. Heard the learned counsel appearing for the petitioner. - 5 - NC: 2025:KHC-D:2938 CRP No. 100010 of 2025 3. It is not in dispute that the plaintiffs have filed suit seeking relief of declaration with consequential relief. The suit is contested by the defendants by filing written statement and also taken a plea as preliminary objection that the suit is not maintainable without exhausting the remedy provided under the provisions of the Karnataka Land Revenue Act. Defendant No.1 has also filed an application under Order 7 Rule 11 of CPC read with Section 61 (3) of the Karnataka Land Revenue Act and contended that the plaintiffs have to exhaust the remedy provided under Section 61 of the Karnataka Land Revenue Act and therefore the suit itself is not maintainable. It is also stated that the plea was rejected by the Trial Court. 4. Learned counsel appearing for the petitioner invited attention of the Court to the provision under Section 61 of the Karnataka Land Revenue Act and argued that defendant No.1 has taken a plea in the written statement with regard to preliminary objection on the maintainability of the suit and also invited attention of the - 6 - NC: 2025:KHC-D:2938 CRP No. 100010 of 2025 Court to para No.9 of the plaint and argued that unless the rectification is required to be made by the revenue authorities as per the provisions under the Karnataka Land Revenue Act, the suit itself is not maintainable and accordingly sought for interference of this Court. 5. Having taken note of the submission made by the learned counsel appearing for the petitioner, I have carefully examined the averments made in the plaint. It is not in dispute that the relief sought for by the plaintiffs is with regard to the declaratory relief with consequential relief and taking into account the averments made at para No.9 of the plaint, wherein it is stated by the plaintiffs that the defendants in collusion with the revenue authorities have modified the existing documents and changed the revenue records and therefore I am of the view that the contentions raised by the petitioner herein cannot be accepted unless there is a full fledged trial in the suit and determination of the rights of the parties has to be made - 7 - NC: 2025:KHC-D:2938 CRP No. 100010 of 2025 taking into consideration the oral and documentary evidence that may be adduced by the parties. 6. Accordingly, I do not find any perversity in the impugned order passed by the Trial Court. Accordingly, the revision petition fails and same is dismissed. Sd/- (E.S.INDIRESH) JUDGE SH CT:ANB List No.: 1 Sl No.: 20