- 1 - NC: 2025:KHC-D:5598 CRP No. 100030 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL REVISION PETITION NO. 100030 OF 2025 (-) BETWEEN: SHRI MALTESH S/O. ADIVAPPA GUBBI, AGED ABOUT 58 YEARS, R/AT. CHANDAPURA VILLAGE, RANEBENNUR TALUK, HAVERI DISTRICT-581193. …PETITIONER (BY SRI. V. RAVI PRAKASH & SRI. H.S. KIRAN, ADVOCATES) AND: 1. ASHOK S/O. CHANNABASAPPA KUDRIHAL, AGED ABOUT 48 YEARS, KUDRIHAL VILLAGE, RANEBENNUR TALUK, HAVERI DISTRICT-581193. 2. SMT. PARVATEVVA W/O. CHANNABASAPPA KUDRIHAL, AGED ABOUT 78 YEARS, R/AT. CHANDAPURA VILLAGE, RANEBENNUR TALUK, HAVERI DISTRICT-581193. …RESPONDENTS THIS CIVIL REVISION PETITION IS FILED UNDER SECTION 115 OF CPC PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 24.02.2025 PASSED ON I.A.NO.3 IN O.S.75/2023 PASSED BY HON’BLE ADDITIONAL CIVIL JUDGE AND 2ND ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS COURT AT RANEBENNUR VIDE ANNEXURE-A TO THIS CIVIL REVISION PETITION AND CONSEQUENTLY DISMISS THE SUIT OF THE PLAINTIFF AS BARRED BY LAW AND FURTHER NECESSARY ORDER/S MAY KINDLY BE PASSED TO MEET THE ENDS OF JUSTICE. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:5598 CRP No. 100030 of 2025 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. This petition is filed by the defendant No.1 challenging the order dated 24.02.2025 in O.S.No.75/2023 on the file of the Additional Civil judge and II Additional JMFC, Ranebennur rejecting I.A.No.3 filed under Order 7 Rule 11 of CPC. 2. It is the contention of the learned counsel appearing for the petitioner herein that the revenue proceedings have been concluded and further the reasons assigned by the plaintiff in paragraph No.5 of the plaint makes it clear that the suit is filed beyond the time stipulated under Article 5 of the Limitation Act and accordingly sought for interference of this Court. 3. In the light of the submission made by the learned counsel appearing for the petitioner, the plaintiff has filed O.S.No.75/2023 seeking relief of declaration by challenging the sale deed dated 05.12.2003 executed between the defendants inter se. On careful examination - 3 - NC: 2025:KHC-D:5598 CRP No. 100030 of 2025 of the paragraph No.5 of the plaint, wherein the contention of the plaintiff that fraud has been alleged against the defendants, in that view of the matter since the said aspect has to be decided only in a full fledged trial, I am of the view that the finding recorded by the Trial Court in the impugned order dated 24.02.2025 on I.A.No.3 is just and proper and does not call for interference in this petition as the question arise in this revision petition is a mixed question of fact and law. 4. Accordingly, the petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SH CT-MCK List No.: 1 Sl No.: 32