- 1 - HC-KAR NC: 2025:KHC-D:15540 CRP No. 100107 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CIVIL REVISION PETITION NO. 100107 OF 2025 BETWEEN: THE COMMISSIONER CITY CORPORATION, BELAGAVI, NEAR KOLHAPUR CIRCLE, BELAGAVI-590 001. … PETITIONER (BY SRI. VINAY S. KOUJALAGI, ADVOCATE) AND: 1. 2. 3. 4. 5. 6. SMT. ANUSAYYA W/O RAJARAM MELAGE, AGE: 76 YEARS, OCC: AGRICULTURE, R/O: PLOT NO. 994, SHIVAJI NAGAR, BELAGAVI-590 001. SHRI. SAMBAJI RAJARAM MELAGE, AGE: 52 YEARS, OCC: AGRICULTURE, R/O: PLOT NO.57, DEFENSE COLONY, GANESHPUR HINDALAGA, TAL. AND DIST: BELAGAVI-590 001. SMT. VIMAL @ SUNITA PRAKASH MALAI, AGE: 49 YEARS, OCC: AGRICULTURE, R/O: BHARATH COLONY, M.M. EXTENSION, BELAGAVI-590 001. SMT. KAMAL @ MINAL MANOJ DURAJI, AGE: 46 YEARS, OCC: AGRICULTURE, R/O: PLOT NO.994, SHIVAJI NAGAR, BELAGAVI-590 001. SHRI. TANAJI RAJARAM MELAGE, AGE: 41 YEARS, OCC: AGRICULTURE, R/O: PLOT NO. 994, SHIVAJI NAGAR, BELAGAVI-590 001. SHRI. BASAVANT S/O JYOTIBA MELAGE, AGE: 67 YEARS, OCC: AGRICULTURE, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:15540 CRP No. 100107 of 2025 7. 8. 9. 10. 11. 12. 13. 14. R/O: PLOT NO. 994, SHIVAJI NAGAR, BELAGAVI-590 001. SMT. PARVATI MAHADEV PAVASHE, AGE: 71 YEARS, OCC: AGRICULTURE, R/O: GANESH NAGAR, SAMBRA, TAL AND DIST: BELAGAVI-590 001. SHRI. SADASHIV S/O KRISHNA AGASGEKAR, AGE: 55 YEARS, OCC: AGRICULTURE, R/O: H.NO. 27/1, 2ND CROSS, SHIVAJI NAGAR, BELAGAVI-590 001. SMT. GODAVARI PARASHRAM CHOUGALE, AGE: 69 YEARS, OCC: HOUSEHOLD WORK, R/O: GANESH NAGAR, SAMBRA, BELAGAVI-590 001. SMT. ANITA W/O PIRAJI PATIL, AGE: 65 YEARS, OCC: AGRICULTURE, R/O: SHASTRI NAGAR, BELAGAVI-590 001. SHRI. SUDIRA PARASHRAM MELAGE, AGE: 57 YEARS, OCC: AGRICULTURE, R/O: SHIVAJI NAGAR, BELAGAVI-590 001. SHRI. SANJAY S/O PARASHRAM MELAGE, AGE: 55 YEARS, OCC: AGRICULTURE, R/O: SHIVAJI NAGAR, BELAGAVI-590 001. SHRI. SHIVAJI S/O RAJARAM MELAGE, AGE: 56 YEARS, OCC: AGRICULTURE, R/O: PLOT NO. 994, SHIVAJI NAGAR, BELAGAVI-590 001. THE ASSISTANT COMMISSIONER, OFFICE OF THE ASSISTANT COMMISSIONER, BELAGAVI-590 001. … RESPONDENTS (BY SRI. S.R. KAMATE, ADVOCATE FOR R1 TO R13) THIS CRP IS FILED UNDER SECTION 115 OF CPC, 1908, PRAYING TO ALLOW THE REVISION PETITION AND SET ASIDE THE ORDER DATED 13.08.2025 PASSED ON I.A. NO.9 IN O.S. - 3 - HC-KAR NC: 2025:KHC-D:15540 CRP No. 100107 of 2025 NO.552/2024 BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, BELAGAVI IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This Writ Petition is filed assailing the order rejecting the petitioners’ application under Order VII Rule 11 of Code of Civil Procedure (for short ‘Code’). 2. The suit is filed for relief of declaration and injunction. The reliefs sought by the plaintiffs are as under: A) A decree for relief of declaration be passed declaring that plaintiffs are the holders of the suit property bearing CTS No.9427 measuring 2 acre 22 gntas of Mahantesh Nagar, Belagavi. B) A decree for relief of declaration be passed declaring that award passed in LAQ Sr.139 dated 18.08.1960 in so far as suit property is concerned and ME No.1358 dated 22.09.1963 not binding on plaintiffs in so far as suit property is concerned. - 4 - HC-KAR NC: 2025:KHC-D:15540 CRP No. 100107 of 2025 C) A decree of permanent injunction be passed restraining the defendant No.2, his servants, agents or anybody acting on its behalf from disturbing the peaceful possession use and enjoyment of the suit property of the plaintiffs. 3. The plaintiffs have sought a declaration that they are the holders of the property bearing C.T.S.No.9427 measuring 2 acres 22 guntas of Mahantesh Nagar, Belagavi. Further, declaration that the award dated 18.08.1960 in so far as suit property in M.E.No.1358 dated 22.09.1963 is not binding on the plaintiffs. Consequential relief of injunction is also sought. 4. The application before the Trial Court is filed primarily on the premise that the suit is time barred as the award is passed in the year 1960 itself and the plaintiffs’ predecessors have purchased the property from the erstwhile owners after the acquisition of the land in the year 1960. Thus, subsequent purchase by the plaintiffs’ predecessors after 1960 does not confer any title in favour of the plaintiffs. - 5 - HC-KAR NC: 2025:KHC-D:15540 CRP No. 100107 of 2025 5. Learned counsel for the plaintiffs/respondents would contend that the award is not in respect of the petition property. 6. The Court has perused the award which is produced by the petitioner. In page No.6 of the said award dated 18.08.1960, it is stated as under: “The claims of Pattedars of S.No.1004/A, 1007, 1008, 1007, 1012, 1024/A, 1030/1, 1296, 1298/1, 1300/1, 1300/2, 1301/1, 1302/1, 1322, 1363/1, 1353/2, 1353/3, 1356/1, 1356/1, 1356/2, 1356/3 have not been considered since the area held by them has not been proposed for acquisition.” 7. This prima facie gives an indication that the properties in question are not acquired. 8. Whether the property is acquired or not is the matter of trial. 9. Though it is contended that the plaintiffs’ names have been deleted from the property records in the year 1975, plaintiffs have taken a stand that they have not been notified - 6 - HC-KAR NC: 2025:KHC-D:15540 CRP No. 100107 of 2025 and their names have been deleted from the property records without issuing notice to them. 10. Under these circumstances, the application under Order VII Rule 11 of the Code cannot be entertained and the Trial Court has rightly rejected the application. 11. It is made clear that opinion expressed by the Court in this order is only confined to the application under Order VII Rule 11 of the Code and has not expressed any opinion on the merits of the matter. 12. All contentions of the parties are kept open. 13. Accordingly, the *Writ Petition is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP CT:BCK LIST NO.: 1 SL NO.: 75 *Corrected vide Chamber Order dated 08.12.2025. Sd/- [ARHJ] *Civil Revision