- 1 - HC-KAR NC: 2025:KHC-D:15385 CRP No. 100134 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE CIVIL REVISION PETITION NO.100134 OF 2025 BETWEEN: SHRI. RACHAPPA S/O VEERABHADRAPPA HATARAKI, SINCE DECEASED BY LR’S., SMT. CHANNABASAVVA W/O NAGAPPA BHADRASHETTI, AGE. 71 YEARS, OCC. HOUSEHOLD, R/O. LAKAMAPUR, TQ. AND DIST. DHARWAD-580 005. … PETITIONER (BY SRI. HEMANTHKUMAR L. HAVARAGI, ADVOCATE) AND: 1. 2. 3. SHRI. DYAMAPPA S/O ULVAPPA HATARAKI, SINCE DECEASED BY LR’S., SMT. GANGAWWA W/O DYAMAPPA HATARAKI, AGE: 65 YEARS, OCC: HOUSEHOLD WORK, R/O. DEVAGIRI MAHAL, NARENDRA, TQ. AND DIST. DHARWAD-580 005. SHRI. IRAPPA S/O DYAMAPPA HATARAKI, AGE: 45 YEARS, OCC: AGRICULTURE, R/O. DEVAGIRI MAHAL, NARENDRA, TQ. AND DIST. DHARWAD-580 005. KUMARI. NEELAWWA D/O DYAMAPPA HATARAKI, AGE: 43 YEARS, OCC: HOUSEHOLDWORK Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.19 12:20:50 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15385 CRP No. 100134 of 2025 4. 5. 6. 7. 8. 9. R/O. DEVAGIRI MAHAL, NARENDRA, TQ. AND DIST. DHARWAD-580 005. KUMAR UDAY S/O DYAMAPPA HATARAKI, AGE: 40 YEARS, OCC: AGRICULTURE, R/O. DEVAGIRI MAHAL, NARENDRA, TQ. AND DIST. DHARWAD-580 005. SMT. BASAVVA W/O BASAALINGAPPA GUNDAGOVI, SINCE DECEASED BY LR’S., SHRI DANAPPA S/O BASALINGAPPA GUNDAGOVI, AGE: MAJOR, OCC: AGRICULTURE, R/O. KURABAGATTI, TQ. AND DIST. DHARWAD-581 105. SHRI SHRISHAILAPPA S/O BASALINGAPPA GUNDAGOVI, AGE: MAJOR, OCC: AGRICULTURE, R/O. KURABAGATTI, TQ. AND DIST. DHARWAD-581 105. SMT. BHADRAVVA S/O BASALINGAPPA GUNDAGOVI, AGE: MAJOR, OCC: HOUSEHOLD, R/O. KURABAGATTI, TQ. AND DIST. DHARWAD-581 105. SMT. RUDRAVVA W/O CHANNAPPA GUNGAGOVI, SINCE DECEASED BY LR’S., SMT. SAROJINI W/O ASHOK KORI, AGE: 60 YEARS, OCC: HOUSEHOLD, R/O. KURABAGATTI, TQ. AND DIST. DHARWAD-581 105. SMT. ANJANA W/O NAGAPPA KORI, AGE: 60 YEARS, OCC: HOUSEHOLD, - 3 - HC-KAR NC: 2025:KHC-D:15385 CRP No. 100134 of 2025 10. 11. 12. 13. 14. 15. R/O. SIDDARODHA COLONY, MADIHAL, DHARWAD, TQ. AND DIST. DHARWAD-580 001. SMT. RATNAVVA W/O BASAPPA INGALAGI, AGE: 54 YEARS, OCC: HOUSEHOLD, R/O. KURABAGATTI, TQ. AND DIST. DHARWAD-581 105. SMT. KALLAPPA S/O RATNAPPA KORI, AGE: 54 YEARS, OCC: AGRICULTURE, R/O. KURABAGATTI, TQ. AND DIST. DHARWAD-581 105. SMT. SHANTAVVA PATIL, AGE: 50 YEARS, OCC: HOUSEHOLD, R/O. KURABAGATTI, TQ. AND DIST. DHARWAD-581 105. SHRI VIRUPAKSHAPPA S/O NINGAPPA HATARAKI, SINCE DECEASED BY LR’S., SMT. BASALINGAVVA W/O VIRUPAKSHAPPA HATARAKI, AGE: 54 YEARS, OCC: HOUSEHOLD, R/O. NARENDRA, TQ. AND DIST. DHARWAD-580 005. SMT. MAHADEVI W/O BASAVARAJ YADAVATTI, AGE: 33 YEARS, OCC: HOUSEHOLD, R/O. NEAR MARUTIGUDI TEMPLE, DHARWAD-580 001. SHRI. SHRISHAIL S/O VIRUPAKSHAPPA HATARAKI, AGE: 31 YEARS, OCC: AGRICULTURE, R/O. NARENDRA, TQ. AND DIST. DHARWAD-580 005. VEERASANGAPPA - 4 - HC-KAR NC: 2025:KHC-D:15385 CRP No. 100134 of 2025 16. 17. 18. 19. S/O. NINGAPPA HOSAMANI, DECEASED BY LR’S., SMT. GIRIJA W/O. VEERASANGAPPA HOSAMANI, AGE: 78 YEARS, OCC: HOUSEHOLD, R/O. #8550/A, 4TH CROSS, M.B. NAGAR, KOPPADAKERI, DHARWAD-580 001. SHRI. RAJASHEKHAR S/O. VEERASANGAPPA HOSAMANI, AGE: 59 YEARS, OCC: HOUSEHOLD, R/O. #8550/A, 4TH CROSS, M.B. NAGAR, KOPPADAKERI, DHARWAD-580 001. SMT. RAJESHRI W/O. VEERUPAKSHAPPA KANAVI, AGE: 57 YEARS, OCC: HOUSEHOLD, R/O. #203, C.V.K. MEENAKSHI ELAGANSE APARTMENT, M.L.A. LAYOUT, NEAR DECAN LAN, KALEN AGRAHAR, BANNERGHATTA ROAD, BENGALURU SOUTH, BENGALURU-560 076. SMT. JAYASHRI W/O. GURUNATH CHAKRASAL, AGE: 54 YEARS, OCC: HOUSEHOLD, R/O. 4TH CROSS, NRUPATUNGA ROAD, J.P. NAGAR, 8TH STAGE, BENGALURU SOUTH, BENGALURU-560 076. SMT. SHIVAVVA W/O PARAPPA GUNDAGOVI, DIED WITHOUT ISSUES (NO LEGAL REPRESENTATIVE). … RESPONDENTS THIS CRP IS FILED UNDER SECTION 115 OF CPC, 1908, PRAYING TO SET ASIDE AN ORDER ON I.A. NO.63 DATED 08.10.2025 PASSED BY THE II ADDL. SENIOR CIVIL JUDGE AND JMFC COURT DHARWAD IN O.S. NO.46/1982 AND ALLOWED AN - 5 - HC-KAR NC: 2025:KHC-D:15385 CRP No. 100134 of 2025 APPLICATION FILED BY THE PRESENT PETITIONER AND REJECT THE SUIT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioners. 2. The petitioners are before this Court challenging the order dated 08.10.2025 rejecting the application in I.A.No.63 in O.S.No.46/1982 filed under Order VII Rule 11 of the Code of Civil Procedure, 1908, (for short ‘CPC’) to reject the plaint. The suit is for partition and separate possession. The original plaintiff claimed to be the adopted son of Ullavappa. 3. Defendant No.1(b), who is the petitioner before this Court contends that no evidence is led relating to adoption and hence, the plaint has to be rejected. - 6 - HC-KAR NC: 2025:KHC-D:15385 CRP No. 100134 of 2025 4. The Order VII Rule 11 of CPC, does not permit the rejection of the plaint for want of evidence. Whether evidence is led or not and whether the evidence is sufficient or not, is to be considered at the time of final judgment. 5. Under these circumstances, this Court does not find any merit in the petition. 6. The Writ Petition is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM CT:BCK LIST NO.: 1 SL NO.: 7