- 1 - NC: 2025:KHC-D:5469 CRP No. 100085 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL REVISION PETITION NO. 100085 OF 2022 (-) BETWEEN: 1. SHRI K. SHIVKUMAR S/O. KATTEMANI SHIVRAMAPPA, AGE: 45 YEARS, OCC: AGRICULTURE, R/O. D.NO.50/4, WARD NO.10, BEERAPPA TEMPLE STREET, BALLARI. 2. K. RAJSHEKAR S/O. VEERESHAPPA, AGE: 48 YEARS, OCC: AGRICULTURE, R/O. D.NO.50/4, WARD NO.10, BEERAPPA TEMPLE STREET, BALLARI. …PETITIONERS (BY SRI. MRUTYUNJAYA S. HALLIKERI, ADVOCATE) AND: 1. HINDU KATIK SAMAJA R/BY IT’S PRESIDENT OMPRASAD RAO, AGE: 65 YEARS, R/O. ISHWARAYYA COLONY, CANTONMENT, BALLARI. 2. K. SHIVRAMAPPA S/O. K. BALLARAPPA, AGE: 72 YEARS, OCC: AGRICULTURE, R/O. WARD NO.10, BEERAPPA TEMPLE STREET, BALLARI. 3. THE STATE OF KARNATAKA, R/BY THE DEPUTY COMMISSIONER, BALLARI. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:5469 CRP No. 100085 of 2022 4. THE ASSISTANT COMMISSIONER, BALLARI. 5. ASSISTANT DIRECTOR OF LAND RECORDS, BALLARI. 6. THE COMMISSIONER, CITY CORPORATION, BALLARI. 7. SRI. CHOWDRI K. NAGENDER RAO S/O. LATE MEEROJI RAO, AGE: 65 YEARS, OCC: AGRICULTURE, R/O. GRAHAM ROAD, SANNA MUTTON MARKED, KASAI STREET, BALLARI-583101. …RESPONDENTS (BY SRI. P.S. TADAPATRI, ADVOCATE FOR R1; SRI. JAIRAM SIDDI, HCGP FOR R3-R5; SRI. C.V. ANGADI, ADVOCATE FOR R6; R2-SERVED, UNREPRESENTED; R7-ABATED) THIS CIVIL REVISION PETITION IS UNDER SECTION 115 OF CPC PRAYING TO SET ASIDE THE ORDER DATED 15.04.2021 PASSED ON I.A.NO.5/2018 IN O.S.NO.61/2018 BY THE HON’BLE COURT OF II ADDITIONAL SENIOR CIVIL JUDGE AT: BALLARI VIDE ANNEXURE-H; ALLOW I.A.NO.5/2018 BY REJECTING THE PLAINT IN O.S.NO.61/2018 ON THE FILE OF HON’BLE COURT OF II ADDL. SENIOR CIVIL JUDGE AT: BALLARI VIDE ANNEXURE-D AND ETC. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - NC: 2025:KHC-D:5469 CRP No. 100085 of 2022 ORAL ORDER This revision petition is filed by the defendant No.3 challenging the order dated 15.04.2021 on I.A.No.5 and 6 in O.S.No.61/2018 passed by the II-Additional Senior Civil Judge, Ballari (for short “the Trial Court”). 2. Having taken note of the submission made by the learned counsel appearing for the parties, I have carefully examined the revision papers. The plaintiff has filed O.S.No.61/2018 seeking the relief of declaration that the suit schedule property is burial ground of the plaintiff-society. Taking into consideration the fact that the plaintiff has sought for declaration in respect of the suit schedule property, the application filed by the defendant No.3 cannot be accepted for rejection of plaint as the order of the land Tribunal is agitated before the Civil Court. In that view of the matter, taking into consideration the finding recorded by the Trial Court at paragraph 13 and 14, I am of the view that no interference is called for and accordingly, the petition stands dismissed. 3. All contentions of the parties are kept open. - 4 - NC: 2025:KHC-D:5469 CRP No. 100085 of 2022 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.: 14