- 1 - NC: 2025:KHC-D:2555 CRP No. 100071 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL REVISION PETITION NO. 100071 OF 2024 (-) BETWEEN: SHRI. HEMANT S/O. SHRIPAD GUMASTE, AGE. 52 YEARS, OCC. SERVICE, R/O. NEAR ST STAND, MAIN ROAD, POST. BUDHGAON, TAL. MIRAJ, DIST. SANGALI - 416304. …PETITIONER (BY SMT.GEETHA K M AND SRI. P.B. PAWAR, ADVOCATES) AND: 1. SHRI. DAMODAR S/O. NARAYAN BHOSALE, AGE. 69 YEARS, OCC. BUSIENSS, R/O. H.NO. 671/9A/1, WADDAR CHAVANI GALLI, ANGOL, BELAGAVI 590006. 2. SHRI. BHANUDAS S/O. SHRIPAD GUMASTE, AGE. 50 YEARS, OCC. BUSINES, R/O. NEAR ST STAND, MAIN ROAD, POST. BUDHGAON, TAL. MIRAJ, DIST. SANGALI 416304. 3. SMT. NANDANI W/O. DEELIP KULKARNI, AGE. 55 YEARS, OCC. HOUSEWIFE, R/O. POST SADALAGA, TAL. CHIKKODI, DIST. BELAGAVI 590302. 4. SMT. MANGAL W/O. SUBHAS KULKARNI, AGE. 44 YEARS, V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.11 16:16:46 +0530 - 2 - NC: 2025:KHC-D:2555 CRP No. 100071 of 2024 OCC. HOUSEWIFE, R/O. MANGAL MARTI APARTMENT, GROUND FLOOR ROOM NO. 1 BEHIND GANAPATI MANDIR NEAR BEDEKAR SCHOOL (MARATHI) THANE WEST MUMBAI – 400602. 5. SMT. NIRUPAMA W D/O. PRAKASH KAPILESHWAR, AGE. 52 YEARS, OCC. HOUSEWIFE, R/O. HP KAPLISHWARI, TYPE 3/229, GUJARAT ELECTRICITY BOARD UKAI FORT, TAL. SONGADH, DIST. SURAT, GUJARAT, PIN CODE - 394680. 6. SHRI. HITEN S/O. PRAKASH KAPILESHWARI, AGE. 28 YEARS, OCC. SERVICE, R/O. HP KAPLISHWARI, TYPE 3/229, GUJARAT ELECTRICITY BOARD UKAI FORT, TAL. SONGADH, DIST. SURAT, GUJARAT, PIN CODE - 394680. 7. MISS. HITIKESHA S/O. PRAKASH KAPILESHWARI, AGE. 23 YEARS, OCC. STUDENT, R/O. HP KAPLISHWARI, TYPE 3/229, GUJARAT ELECTRICITY BOARD UKAI FORT, TAL. SONGADH, DIST. SURAT, GUJARAT, PIN CODE – 394680. 8. SHRI. BHARAT S/O. PRABHAKAR KAPILESHWARI, AGE. 52 YEARS, OCC. SERVICE, R/O. HP KAPLISHWARI, TYPE 3/229, GUJARAT ELECTRICITY BOARD UKAI FORT, TAL. SONGADH, DIST. SURAT, GUJARAT, PIN CODE - 394680. 9. SHRI. HARISH S/O. VASANTRAO NAWAPUKAR, AGE. 49 YEARS, OCC. PRIVATE SERVICE, - 3 - NC: 2025:KHC-D:2555 CRP No. 100071 of 2024 R/O. C/263, RANGAMHAL, NEAR WADI, VADODARA GUJARAT STATE – 390017. 10. SMT. PUSHPA D/O. PRABHAKAR KAPILESHWARI, AGE. 47 YEARS, OCC. HOUSEHOLD WORK, R/O. SMT. PUSHPA R MUTTHAL E - 132, TULSI SHYAM SOC, NOVINO ROAD, MAKARPURA, VADODARA - 390010. 11. MISS USHA D/O. PRABHAKAR KAPILESHWARI, AGE. 43 YEARS, OCC. SERVICE, R/O. C/O. SHIVANI S BHATWADWKAR, D-103, DREEMALAND COMPLEX, NR PRAMUKH PRASAD CHAR RASTA, MANJALPUR VADODAR – 390011. …RESPONDENTS (BY SRI.VITTAL S. TELI, ADVOCATE; R2 AND R4 TO R11 ARE ASERAVED AND UNREPRESENTED R3 – NOTICE DISPENSED WITH) ------- THIS CRP IS FILED UNDER SEC.115 OF CPC, 1908, PRAYING TO CALL FOR RECORDS IN O.S.NO.1292/2022 ON THE FILE III ADDITIONAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS BELAGAVI AND SET ASIDE THE ORDER DATED 20.02.2024 PASSED IN O.S.NO.1292/2022 BY FILE III ADDITIONAL CIVIL JUDGE AND JMFC BELAGAVI REJECTING I.A.NO.II FILED BY DEFENDANT NO.1 UNDER ORDER VII RULE 11(a) AND (d) R/W OF SECTION 151 OF CPC, 1908 MAY KINDLY BE ALLOWED IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: - 4 - NC: 2025:KHC-D:2555 CRP No. 100071 of 2024 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER This Revision Petition is filed by the defendant No.1, challenging the order dated 20.02.2024 in OS 1292/2022 on the file of III Additional Civil Judge and JMFC, Belagavi (for short, hereinafter referred to as ‘Trial Court’), dismissing the application in IA No.2. 2. Heard the learned counsel appearing for the parties. 3. The plaintiff has filed suit seeking relief of declaration by consequential relief and same was contested by the defendants. The defendant Nos.1 to 3 and 5 to 11 have filed IA No.2 under Order 7 Rule 11 of CPC seeks to reject the plaint on the ground that the suit is hit by res-judicata as the rights of the parties have crystallized in FDP No.53/2017. 4. Having taken note of the finding recorded by the Trial Court, as the Trial Court after considering the material on record, rightly arrived at a conclusion that the - 5 - NC: 2025:KHC-D:2555 CRP No. 100071 of 2024 ground of res-judicata cannot be considered without full- fledged trial. It is also to be noted that while considering the application under Order 7 Rule 11 of CPC the Trial Court looked into the averments made in the plaint alone and consideration of application cannot be guided with the averments made in the written statement. If, the suit is hit by res-judicata as averred in the application filed by the contesting defendants and the said document has to be marked in the evidence in an enquiry and therefore, I do not find any merit in the revision petition accordingly, revision petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SMM CT:ANB List No.: 1 Sl No.: 12