- 1 - NC: 2025:KHC-D:5661 CRP No. 100087 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL REVISION PETITION NO. 100087 OF 2024 (-) BETWEEN: 1. SRI. VENKANAGOUDA S/O. RUDRAGOWDA DANAPPA GOUDAR, AGED ABOUT 81 YEARS, OCC: VOLANTERI RETIRED GVT. SERVANT, HARAPPANAHALLI-583131, DIST: VIJAYANAGAR. 2. SMT. JYOTHI D/O. VENKATANAGOWDA DANAPPA GOUDAR, AGED ABOUT 38 YEARS, OCC: LAWYER, HARAPPANAHALLI-583131. 3. SMT. MAHESHWARI D/O. VENKANAGOWDA DANAPPA GOUDAR, AGED ABOUT 36 YEARS, OCC: DOCTOR, HARAPPANAHALLI-583131. 4. SRI. KALAPUTRA S/O. VENKANAGOWDA DANAPPA GOUDAR, AGED ABOUT 35 YEARS, OCC: BUSINESS, HARAPPANAHALLI-583131. ALL ARE RESIDING AT JYOCEKERE, NEAR SHANKARMUTT, HARAPPANAHALLI, VIJAYANAGAR DISTRICT. FIRST PETITIONER IS GPA HOLDER BY 2-4 PETITIONERS. …PETITIONERS (SRI. VENKANAGOUDA, PARTY IN PERSON) AND: SRI. KALAKAPPA S/O. SHRISHAILAPPA PALLED, MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:5661 CRP No. 100087 of 2024 AGED ABOUT 44 YEARS, OCC: GOVERNMENT SERVANT, R/O. JAKKALLI-582111, RON TALUK, DISTRICT: GADAG. …RESPONDENT THIS CIVIL REVISION PETITIION IS FILED UNDER SEC.115 OF CPC PRAYING TO SET-ASIDE THE IMPUGNED ORDER DATED 30.01.2024 PASSED ON I.A.NO.4 FILED UNDER ORDER 7 RULE 11 (a) AND (d) OF CPC, IN O.S.NO.170/2022 ON THE FILE OF LEARNED SENIOR CIVIL JUDGE, RON; CONSEQUENTLY, ALLOW I.A.NO.4 IN O.S.NO.170/2022 ON THE FILE OF THE LEARNED SENIOR CIVIL JUDGE, RON, AS PRAYED FOR AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard petitioner/party-in-person - Sri.Venkanagouda. 2. This petition is filed by defendants No.1, 7 to 9 challenging the order dated 30.01.2024 in O.S.No.170/2022 on the file of Senior Civil Judge and JMFC, Ron dismissing I.A.No.4 filed by defendants No.1, 7 to 9 under Order 7 Rule 11(a) and (d) of CPC. - 3 - NC: 2025:KHC-D:5661 CRP No. 100087 of 2024 3. It is submitted by the petitioner/party-in-person - Sri.Venkanagouda that, there is no cause of action to file the suit by the plaintiff and also the order in R.A.No.76/2013 has reached finality and therefore contended that, the impugned order passed by the Trial Court requires to be interfered with in this petition. 4. Having taking note of the submission made by the petitioner/party-in-person - Sri.Venkanagouda, I have carefully examined the averments made in the plaint. Undisputedly, the prayer made in the plaint is with regard to seeking declaration that the plaintiff is entitled for 1/4th share in the suit schedule properties in terms of the registered Will dated 10.05.2011 and consequential reliefs. 5. In that view of the matter, taking into consideration the averments made at paragraph Nos.11 to 13 of the plaint, I am of the view that the Trial Court after considering the material on record, rightly dismissed the I.A.No.4 filed by defendants No.1, 7 to 9 seeking rejection of the plaint. - 4 - NC: 2025:KHC-D:5661 CRP No. 100087 of 2024 6. It is also to be noted that, securing of the probate is optional insofar as Hindus are concerned. In that view of the matter, the arguments advanced by the petitioner/party-in-person - Sri.Venkanagouda cannot be accepted. 7. Accordingly, I do not find any merit in the petition and hence the petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SH CT-MCK List No.: 1 Sl No.: 7