- 1 - NC: 2025:KHC-D:4193 WP No. 107271 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 107271 OF 2023 (GM-CPC) BETWEEN: 1. SHRI. JAFARULLA S/O HABIB MULLA, AGE: 45 YEARS, OCC: BUSINESS, R/O: HOUSE NO. 330/2, CHAVADI GALLI, MADHAVAPUR VADAGAON, PRESENT ADDRESS: C/O DHABA NEAR KALAMANI VILLAGE, TQ. KHANAPUR, DIST. BELAGAVI-591 302. 2. SHRI. MEHABOOB S/O ABDUL HAJI, AGE: 60 YEARS, OCC: BUSINESS, R/O: HOUSE NO. 330/2, CHAVADI GALLI, MADHAVAPUR-VADAGAON, PRESENT ADDRESS: C/O DHABA NAGAR KALAMANI VILLAGE, TQ. KHANAPUR, DIST. BELAGAVI-591 302. …PETITIONERS (BY SRI. OMKAR LAXMAN DESAI, ADVOCATE) AND: SHRI. CHIDAMBAR S/O BUDHA ALIYAS BUDHAJI GAONKAR, AGE: 53 YEARS, OCC: AGRICULTURE, R/O: AMATE, TQ. KHANAPUR, DIST. BELAGAVI-591 345. …RESPONDENT (BY SRI. SUJEES.S.HIREMATH., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4193 WP No. 107271 of 2023 THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Omkar Laxman Desai., counsel for the petitioners has appeared in person. 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 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/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 48