- 1 - NC: 2025:KHC-D:3520 CRP No. 100110 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL REVISION PETITION NO. 100110 OF 2023 (-) BETWEEN: SHASHIDHAR S/O. HEMAKESARI HIREMATH, AGE: 63 YEARS, OCC: HERMIT, R/O.# 15, NANDINI, UDAY NAGAR, BENGERI, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-580001. …PETITIONER (BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE) AND: 1. SMT. NAGAMMA W/O. VIRUPAXAPPA GOULI, AGE: 55 YEARS, OCC. HOUSEWIFE, R/O. GOULI PLOT, NEAR G.E. COMPOSITE, JUNIOR COLLEGE, KALAGHATAGI, TQ. KALAGHATAGI, DIST. DHARWAD – 580001. 2. SMT. SOMAVVA D/O. ISHWARAPPA GOULI, AGE: 52 YEARS, OCC.HOUSEWIFE, R/O. GOULI PLOT, NEAR G.E. COMPSITE, JUNIOR COLLEGE, KALGHATAGI, TQ. KALAGHATAGI, DIST. DHARWAD - 580001. 3. SMT. REKHA D/O. ISHWARAPPA GOULI, AGE: 52 YEARS, OCC: HOUSEWIFE, R/O. GOULI PLOT, NEAR G.E. COMPOSITE, JUNIOR COLLEGE, KALAGHATAGI, TQ. KALAGHATAGI, DIST. DHARWAD – 580001. Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:3520 CRP No. 100110 of 2023 4. SMT. MADEVI W/O. SANJAY GOULI, AGE: 43 YEARS, OCC: HOUSEWIFE, R/O: GOULI PLOT,NEAR G.E. COMPOSITE, JUNIOR COLLEGE, KALAGHATAGI, TQ. KALAGHATAGI, DIST. DHARWAD-580001. RESPONDENTS NO.1(A) TO (D) ARE REPRESENTED BY THEIR GPAL HOLDER KUMARI. NIVEDITA D/O. VIRUPAXAPPA GOULI, AGE. 35 YEARS, OCC. PRIVATE JOB, R/O. GOULI PLOT, NEAR G.E. COMPOSITE, JUNIOR COLLEGE, KALAGHATAGI, TQ. KALAGHATAGI, DIST. DHARWAD – 580001. 5. THE CHIEF OFFICER, PATTAN PANCHAYAT KALAGHATAGI, KALAGAHATAGI, TQ. KALGHATAGI, DIST. DHARWAD – 580001. 6. PARASAPPA S/O. IRAPPA GOULI, AGE: 52 YEARS, OCC. AGRICULTURE, R/O. GOULI ONI, KALGHATAGI, TQ. KALAGHATAGI, DIST. DHARWAD – 580001. 7. CHANDRU S/O. IRAPPA GOULI, AGE: 47 YEARS, OCC. AGRICULTURE, R/O: GOULI ONI, KALAGHATAGI, TQ. KALAGHATAGI, DIST. DHARWAD – 580001. …RESPONDENTS (BY SRI. H.M. DHARIGOND, ADVOCATE) THIS CRP IS FILED UNDER SEC.115 OF CPC, 1908, PRAYING TO, SET ASIDE THE IMPUGNED ORDER DATED 23.06.2023 PASSED BY THE CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, KALAGHATAGI IN OS NO.103/2015 ON IA NO. 11 FILED UNDER ORDER VII RULE 11 (a) AND (d) R/W SECTION 151 OF CPC AND ALLOW THE INTERIM APPLICATION FILED IN IA NO.11 UNDER ORDER VII RULE 11(a) AND (d) R/W SECTION 151 OF CPC SEEKING REJECTION OF THE PLAINT IN THE ENDS OF JUSTICE AND EQUITY. - 3 - NC: 2025:KHC-D:3520 CRP No. 100110 of 2023 THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. This revision petition is filed by defendant No.4 assailing the order dated 23.06.2023 in O.S.No.103/2015 on the file of the Civil Judge and JMFC, Kalghatagi1 dismissing I.A.No.11 filed under Order 7 Rule 11(a) and (d) read with Section 151 of CPC. 2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. 3. It is the case of the plaintiff that the plaintiff has filed O.S.No.103/2015 seeking relief of injunction against the defendants on the ground that the defendants have interfered with the peaceful possession of the suit schedule property and thereafter the defendants have filed written statement denying the averments made in the plaint. Defendant No.4 has filed application under Order 7 1 Hereinafter referred to as ‘Trial Court’ - 4 - NC: 2025:KHC-D:3520 CRP No. 100110 of 2023 Rule 11(a) and (d) read with Section 151 of CPC seeking rejection of plaint on the ground that there is no cause of action against the defendants or interfering with the suit schedule property. The said application was countered by the plaintiff. 4. The Trial Court after considering the material on record, by its order dated 23.06.2023 (Annexure-A) rejected the application in I.A.No.11. Feeling aggrieved by the same, defendant No.4 has preferred this petition. 5. I have heard Sri.Shriharsh A Neelopant, learned counsel for the petitioner and Sri.H.M.Dharigond, learned counsel for the respondents. 6. Sri.Shriharsh A Neelopant, learned counsel appearing for the petitioner invited attention of the Court to para Nos.4 and 5 and submitted there is no allegation in the plaint against the defendants regarding interference with the suit schedule property and therefore the plaint - 5 - NC: 2025:KHC-D:3520 CRP No. 100110 of 2023 requires to be rejected under Order 7 Rule 11(a) and (d) read with Section 151 of CPC. 7. Per contra, Sri.H.M.Dharigond learned counsel appearing for the respondents sought to justify the impugned order. 8. In the light of the submission made by the learned counsel appearing for the parties and on careful examination of the averments made in the plaint at para No.7, wherein it is stated that the plaintiff was constrained to approach the elders in the locality to advice the defendants and his followers not to obstruct the plaintiff’s peaceful possession and enjoyment of the suit schedule property. In that view of the matter, it is well settled principle in law that while considering the application under Order 7 Rule 11 of CPC, the Trial Court must be guided with the averments made in the plaint alone and therefore taking into consideration the finding recorded by the Trial Court, suit requires to be adjudicated based on the oral and documentary evidence that may be adduced - 6 - NC: 2025:KHC-D:3520 CRP No. 100110 of 2023 by the parties and therefore, I do not find any merit in the petition. Accordingly, the petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SH CT:ANB List No.: 1 Sl No.: 13