- 1 - NC: 2025:KHC-D:4469 CRP No. 100129 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL REVISION PETITION NO. 100129 OF 2022 (-) BETWEEN: SMT. SULOCHANA W/O. SANGANABASAV MATTI, AGE: 74 YEARS, OCC: RETIRED, R/O. ‘APPA AVVA’, 4TH MAIN ROAD, KALAGHATAGI ROAD, RAJATGIRI, DHARWAD-580004. …PETITIONER (BY SRI. K.L. PATIL, ADVOCATE) AND: SHRI REVANASHIDDHESHWAR PRINTERS, MAIN ROAD, HOSAYALLAPUR, DHARWAD-580001. BY ITS SOLE PROPRIETOR, BASAVARAJ GADIGEYYA HIREMATH, AGE: 52 YEARS, OCC: BUSINESS. …RESPONDENT THIS CIVIL REVISION PETITION IS FILED UNDER SEC.115 OF CPC PRAYING TO SET ASIDE THE ORDER DATED 01.03.2021 PASSED BY THE LEARNED III ADDL. CIVIL JUDGE AND J.M.F.C., DHARWAD IN O.S.557/2016, AND ALLOW THE I.A. NO.III FILED BY PETITIONER UNDER 7 RULE 11 OF CPC, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:4469 CRP No. 100129 of 2022 ORAL ORDER This petition is filed by the defendant challenging the order dated 01.03.2021 in O.S.No.557/2016 passed by the III Additional Civil Judge and JMFC, Dharwad (for short “the Trial Court”) rejecting I.A.No.3 filed under Order VII Rule 11 read with Section 151 of the Code of Civil Procedure, 1908 (for short “CPC”). 2. The respondent herein has filed O.S.No.557/2016 seeking relief of mandatory injunction for return of printed books before the Trial Court. After service of notice, the defendant entered appearance and filed written statement and took up contention at paragraph 29 of the written statement that the fact in identical case where the question involved in the present suit is also subjudice in O.S.No.739/2009 on the file of the Principal Civil Judge and JMFC, Dharwad and the same is also confirmed by the judgment and decree in R.A.No.104/2012 on the file of the Principal Senior Civil Judge and JMFC, Dharwad. Accordingly, defendant contended that the suit is not maintainable and hit by doctrine of res-judicata. In that view of the matter, having taken note of the submission - 3 - NC: 2025:KHC-D:4469 CRP No. 100129 of 2022 made by the learned counsel appearing for the petitioner herein, though at paragraph 29 of the written statement a plea has been taken insofar as applicability of Section 11 of CPC, however in order to ascertain the same, a full-fledged trial is required to be made. Accordingly, I am of the view that there is no infirmity in the impugned order dated 01.03.2021 passed by the Trial Court on I.A.No.3 and hence, the civil revision petition stands dismissed. However, dismissal of the civil revision petition does not come in the way of raising such a plea before the Trial Court with adequate material on record by the defendant during the trial. 3. With this observation, the petition stands dismissed. 4. In view of disposal of the petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (E.S.INDIRESH) JUDGE YAN CT-MCK List No.: 1 Sl No.: 12