- 1 - HC-KAR NC: 2025:KHC-D:15353 CRP No. 100132 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE CIVIL REVISION PETITION NO. 100132 OF 2025 BETWEEN: BAPUJI SAUNSHI S/O HANUMAPPA SAUNSHI, AGED ABOUT 58 YEARS, OCC. AGRICULTURE, R/O. VENKATAPUR VILLAGE, MUNDARGI TALUK, GADAG DISTRICT-582 113. … PETITIONER (BY SRI. SUNILKUMAR P. BANGARI, ADVOCATE) AND: 1. SMT. SUVARANA W/O BASAPPA ARAHUNASI @ SUVARNA D/O HANAMAPPA SANUSHI, AGE ABOUT 47 YEARS, OCC. COOLIE, 2. KUBERAPPA S/O IRARAPPA SAUNSHI, AGED ABOUT 54 YEARS, OCC. AGRICULTURE, 3. SHIVANANDAPPA S/O IRARAPPA SAUNSHI, AGED ABOUT 52 YEARS, OCC. AGRICULTURE, 4. YANKAPPA S/O IRARAPPA SAUNSHI, AGED ABOUT 50 YEARS, OCC. AGRICULTURE, CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.11.28 11:58:25 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15353 CRP No. 100132 of 2025 5. HALAPPA S/O IRARAPPA SAUNSHI, AGED ABOUT 48 YEARS, OCC. AGRICULTURE, RESPONDENT NO.1 TO 5 ALL ARE R/O. VENKATAPUR VILLAGE, TQ. MUNDARGI, DIST. GADAG-582 113. 6. PARAVVA W/O SHIVALINGAPPA ALUR, AGED ABOUT 48 YEARS, OCC. HOUSEHOLD WORK, R/O. ANTHUR VILLAGE, TQ. AND DIST. GADAG-582 205. 7. JAYASHREE W/O YALLAPPA HOSAHALLI, AGED ABOUT 48 YEARS, OCC. HOUSEHOLD WORK, R/O. PETHALURU VILLAGE, TQ. MUNDARGI, DIST. GADAG-582 113. … RESPONDENTS THIS CRP IS FILED UNDER SECTION 115 OF CPC, 1908, PRAYING TO CALL FOR RECORDS IN O.S. NO.436 OF 2023 PENDING IN THE COURT OF SENIOR CIVIL JUDGE AND JMFC LAXMESHWAR SITTING AT MUNDARGI AND ALLOW THE PETITION AND SET ASIDE THE IMPUGNED ORDER DATED 11.07.2025 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC LAXMESHWAR SITTING AT MUNDARGI ON I.A. NO.III FILED UNDER ORDER VII RULE 11(a) AND (d) OF THE CODE OF CIVIL PROCEDURE IN O.S. NO.436 OF 2023 AND THEREBY REJECT THE PLAINT/SUIT FILED BY THE PLAINTIFF/RESPONDENT. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15353 CRP No. 100132 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order dated 11.07.2025 passed in I.A.No.3 under Order VII Rule 11 of Code of Civil Procedure in O.S.No.436/2023. 2. The petitioner contends that the plaintiff/respondent No.1 had earlier filed a suit against her father and brothers on the premise that she is the daughter from 2nd marriage. Suit was decreed and against the judgment and decree, an appeal was filed by the defendants in the said suit. Appeal was allowed and consequently the suit was dismissed. 3. And now plaintiff has filed one more suit seeking partition in respect of the very same properties. 4. The Court is of the view that as the father died after the disposal of RA.No.38/2010, even if the plaintiff is the daughter from the void marriage, she will acquire right over the property in the properties held by the father at the time of his death, if he had died intestate. The suit is maintainable if it is established that plaintiff is the daughter from void marriage. - 4 - HC-KAR NC: 2025:KHC-D:15353 CRP No. 100132 of 2025 5. Under these circumstances, the Trial Court is justified in dismissing the application under Order VII Rule 11 of Code of Civil Procedure. 6. Accordingly, the petition is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP CT:BCK LIST NO.: 1 SL NO.: 38