- 1 - NC: 2025:KHC-D:4931 CRP No. 100024 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL REVISION PETITION NO. 100024 OF 2025 (-) BETWEEN: SRI. VEERANGOUDA S/O. BASAVNAGOUDA PATIL, AGE: 70 YEARS, OCC. AGRICULTURE, R/O. PURKONDIKOPPA VILLAGE, TQ: HIREKERUR, DIST: HAVERI-581111. …PETITIONER (BY SRI. PRAKASH BADIGER, ADVOCATE) AND: 1. SRI. VASANT S/O. BHIMAPPA KALLER, AGE: 50 YEARS, OCC: AGRICULTURE, R/O. KALLAGUDDI VILLAGE, TQ: HANGAL, DIST: HAVERI-581104. 2. SRI. JAYARAM S/O. SHIVAPPA KALLER, AGE: 43 YEARS, OCC: AGRICULTURE, R/O. KALLAGUDDI VILLAGE, TQ: HANGAL, DIST: HAVERI-581104. 3. SRI. BASAVARAJ S/O. NAGAPPA KALLER, AGE: 50 YEARS, OCC: AGRICULTURE, R/O. KALLAGUDDI VILLAGE, TQ: HANGAL, DIST: HAVERI-581104. 4. SRI. HANAMANTHAPPA S/O. RAMAPPA KALLER, AGE: 49 YEARS, OCC: AGRICULTURE, R/O. KALLAGUDDI VILLAGE, TQ: HANGAL, DIST: HAVERI-581104. 5. SRI. SADANANDGOUDA S/O. VEERANGOUDA PATIL, AGE: 47 YEARS, OCC: AGRICULTURE, MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:4931 CRP No. 100024 of 2025 R/O. PURKONDIKOPPA VILLAGE, TQ: HIREKERUR, DIST: HAVERI-581111. 6. SRI. DAYANANDGOUDA S/O. VEERANGOUDA PATIL, AGE: 44 YEARS, OCC: AGRICULTURE, R/O. PURKONDIKOPPA VILLAGE, TQ: HIREKERUR, DIST: HAVERI-581111. …RESPONDENTS THIS CIVIL REVISION PETITION IS FILED UNDER SEC.115 OF CPC, 1908 PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED ADDITIONAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, HIREKERUR ON I.A. NO.1 DATED 12.12.2024 IN O.S. NO.73/2022 AND ALLOW THE PRESENT CIVIL REVISION PETITION AND DISMISS THE SUIT IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER This petition is filed by the defendant No.1 assailing the order dated 12.12.2024 in O.S.No.73/2022 on the file of the Additional Civil Judge and JMFC, Hirekerur, rejecting the application filed by defendant No.1 under Order VII Rule 11(d) of the Code of Civil Procedure, 1908. 2. Heard the learned counsel appearing for the petitioner. - 3 - NC: 2025:KHC-D:4931 CRP No. 100024 of 2025 3. Taking into consideration the fact that the plaintiffs have filed a suit seeking relief of declaration with consequential relief and the Trial Court after considering the material on record, particularly referring to paragraphs 3 and 4 of the plaint averments, has arrived at a conclusion that an enquiry has to be considered with regard to the plea raised by the defendant No.1 in the application in I.A.No.1. In that view of the matter, taking into consideration the finding recorded by the Trial Court as the plaintiff has to prove his case based on full-fledged trial, the Trial Court has rightly dismissed the application filed by the defendant No.1. Accordingly, no interference is called for in this petition and 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.: 24