- 1 - HC-KAR NC: 2025:KHC-D:15004 CRP No. 100063 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE CIVIL REVISION PETITION NO. 100063 OF 2023 BETWEEN: 1. THE RANGE FOREST OFFICER, BAGALKOT RANGE, BAGALKOT, DIST. BAGALKOT-587 101. 2. THE STATE OF KARNATAKA, R/BY DEPUTY COMMISSIONER, BAGALKOT, DIST. BAGALKOT-587 101. … PETITIONERS (BY SRI. ASHOK T. KATTIMANI, AGA) AND: 1. SRI. BASAVARAJ BANNATTI @ GOUDAR S/O YALAGURDAPPA, AGE. 49 YEARS, OCC. AGRICULTURE, R/O. CHIKKAGULABAL-587 207, TQ. AND DIST. BAGALKOT. 2. SRI. SHIVUBAI BANNATTI @ GOUDAR W/O YALAGURDAPPA, AGE. 70 YEARS, OCC. HOUSEHOLD WORK AND AGRICULTURE, R/O. CHIKKAGULABAL-587 101, TQ. AND DIST. BAGALKOT. … RESPONDENTS (BY SRI. B.B. BALLARI, ADVOCATE FOR R1; R2-DECEASED AND ABATED) THIS CIVIL REVISION PETITION IS FILED UNDER SECTION 115 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO SET ASIDE THE ORDER PASSED BY THE TRAIL COURT VIDE ANNEXURE-G DATED 04.11.2020 PASSED ON I.A. NO.3 AND ALLOWED THE I.A. NO.3 IN O.S. NO.86/2020 ON THE FILE OF I ADDITIONAL SENIOR CIVIL JUDGE, BAGALKOT CONSEQUENTLY DISMISS THE SUIT OF THE PLAINTIFF. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:15004 CRP No. 100063 of 2023 THIS PETITION COMING ON FOR FURTHER ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed by the petitioners assailing the order dated 04.11.2020 passed on I.A.No.III filed under Order VII Rule 11(D) of the Code of Civil Procedure, 19081, in O.S.No.86/2020 on the file of I Additional Senior Civil Judge, Bagalkot2. The petitioners application seeking rejection of plaint has been rejected by the Trial Court. 2. The plaintiff has filed a suit in respect of forest land claiming declaration of title by way of adverse possession. The plaintiff also sought injunction that in case the plaintiff is to be dispossessed, he has to be dispossessed only through the due process of law. 3. From the averment made in the plaint, it is noticed that, the plaintiff is claiming that one Balanagouda Rayanagouda Goudar was peacefully cultivating the land prior to 1972, and his possession was hostile prior to 1972. It is also claimed that an 1 Hereinafter referred to as the ‘CPC’ 2 Hereinafter referred to as the ‘Trial Court’ - 3 - HC-KAR NC: 2025:KHC-D:15004 CRP No. 100063 of 2023 application is filed for grant of land under certain provisions of enactments, which provide for grant of land. 4. Learned AGA appearing for the petitioners would urge that the plea of adverse possession and plea that the property should be granted to the plaintiff under certain provisions of law do not go hand in hand and they are mutually destructive, as such would contend that the suit is liable to be dismissed. 5. The Trial Court has noticed the law relating to Order VII Rule 11 of the Code of Civil Procedure, 1908, and has held that the contentions raised in the petition require trial. 6. This Court does not find any reason to interfere with the said order. Accordingly, the writ petition is dismissed. 7. It is made clear that nothing is expressed on the merits of the matter. 8. All contentions kept open. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP/CT:BCK/LIST NO.: 1 SL NO.: 40