- 1 - HC-KAR NC: 2025:KHC-D:14198 CRP No. 100067 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CIVIL REVISION PETITION NO.100067 OF 2025 BETWEEN: 1. SMT. KAMALABAI W/O. ANNARAO @ ANNAJI DESAI, AGE: 82 YEARS, OCC: HOUSEWIFE. 2. SMT. SONABAI W/O. KISHORE KULKARNI, AGE: 64 YEARS, OCC: HOUSEWIFE. 3. SHRI. VENKATESH S/O. ANNARAO @ ANNAJI DESAI, AGE: 56 YEARS, OCC: AGRICULTURE. 4. SMT. SHAKUNTAL W/O. RAGHU DESAI AGE: 56 YEARS, OCC: HOUSEWIFE. 5. SMT. REKHA W/O. SRINIVAS DANDIN AGE: 53 YEARS, OCC: HOUSEWIFE. 6. SHRI. PRAHLAD S/O. ANNARAO @ ANNAJI DESAI, AGE: 48 YEARS, OCC: AGRICULTURE. 7. SHRI. GURUNATH S/O. VENKATESH DESAI AGE: 87 YEARS, OCC: AGRICULTURE. ALL ARE R/O. GADDANAKERI, TQ AND DIST: BAGALKOT-587102. …PETITIONERS (BY SRI. SHREEVATSA HEGDE, ADVOCATE) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14198 CRP No. 100067 of 2025 AND: 1. SMT. BHAGIRATHIBAI @ BHAGAVVA W/O. RAMARAO BADARADINNI, AGE: 95 YEARS, OCC: HOUSEWIFE, R/O. RAICHUR-584135. 2. SRI. NISHAKANT HANAMANTRAO SHIRUR SINCE DECEASED BY HIS LR’s., SHRI. VIJAYALAXMI W/O. NISHAKANT SHIRUR, AGE: 80 YEARS, OCC: HOUSEWIFE, R/O. FLAT NO.008, SLV DEFENCE ORCHID, 1ST MAIN, 1ST CROSS, BABANAGAR, YALAHANKA BANGALORE-560063. 3. SHRI. SURESH S/O. KRISHNARAO DESAI AGE: 65 YEARS, OCC: AGRICULTURE, R/O. SHIRUR VILLAGE, TQ AND DIST: BAGALKOT-587105. 4. SHRI. PRAHLAD S/O. KRISHNARAO DESAI AGE: 63 YEARS, OCC: SERVICE AND AGRL., R/O. HYDERABAD, TELANGANA STATE-500006. 5. SHRI. PRAKASH S/O. KRISHNARAO DESAI AGE: 61 YEARS, OCC: SERVICE AND AGRIL., R/O. SHIRUR, TQ AND DIST: BAGALKOT-587105, PRESENTLY R/O. BENGALURU. 6. SHRI. USHAKANT S/O. HANMANTRAO SHIRUR AGE: 78 YEARS, OCC: AGRICULTURE, R/O. GADDANKERI, TQ AND DIST: BAGALKOT-587105. 7. SHRI. SURESH S/O. NARASINGRAO KULKARNI, AGE: 68 YEARS, OCC: GOVT. SERVICE, R/O. DHARWAD-580002. - 3 - HC-KAR NC: 2025:KHC-D:14198 CRP No. 100067 of 2025 8. SHRI. PRAKASH S/O. NARASINGHRAO KULKARNI, AGE: 66 YEARS, OCC: RETD. GOVT. SERVICE, R/O. HIDKAL DAM, TQ: HUKKERI, DIST: BELAGAVI-591107. 9. SHRI. RAGHAVENDRA S/O. KRISHNARAO SHIRUR, AGE: 65 YEARS, OCC: AGRICULTURE, R/O. SHAHABAD, KALABURG-585228. ALL R/BY GPA HOLDER DEFT NO.6, SHRI. USHAKANT S/O. HANMANTRAO SHIRUR, AGE: 78 YEARS, OCC: AGRICULTURE, R/O. GADDANKERI, TQ AND DIST: BAGALKOT-587105. PADMAVATIBAI VENKATESH DESAI SINCE DECEASED BY HER LR’s., 10. PREMA W/O. ANANTRAO MUNDEWADI AGE: MAJOR, OCC: HOUSEWIFE WORK, R/O. GOVERNMENT COLONY, MEGHA APARTMENT, VISHRAMDHAM SANGALI-416415. …RESPONDENTS (BY SMT. PALLAVI PACHHAPURE, ADVOCATE FOR R1, R3 TO R9; NOTICE TO R2 AND R10 ARE SEVED) THIS CIVIL REVISION PETITION IS FILED UNDER SECTION 115 OF CPC, PRAYING TO SET ASIDE THE ORDER OF REJECTION DATED 23.11.2024 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, BAGALKOT ON I.A.NO.29 IN O.S.NO.51/2015 FILED UNDER ORDER VII RULE 11(A) AND (D) OF THE CIVIL PROCEDURE CODE AND FURTHER BE PLEASED TO ALLOW THE SAID APPLICATION. THIS WRIT PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:14198 CRP No. 100067 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) 1. Heard learned counsel for the petitioners and respondents. 2. This petition is filed challenging the order rejecting the petitioners’ application for rejection of the plaint. The petitioners contend that there is no cause of action for the respondents/plaintiffs to file a suit for partition and separate possession and assuming that there was a cause of action, the suit is time barred. The application filed by the petitioners is rejected by the trial Court. 3. Learned counsel for the petitioners would contend that in the year 1908, there was a partition in the family in terms of registered partition deed dated 28.05.1908. Referring to the clause in the said partition deed, it is urged that the petition properties were allotted to the share of the - 5 - HC-KAR NC: 2025:KHC-D:14198 CRP No. 100067 of 2025 petitioners’ ancestor and the respondents’ ancestors were not given any share in the suit properties. It is urged that petitioners ancestors were allotted share in some other properties, as such, the suit for partition is not maintainable. 4. Learned counsel for the respondents/plaintiffs would contend that the properties in question were not the ownership properties in 1908 and what is partitioned in the year 1908 is only right to collect the revenue from the said lands and ownership is conferred only in the year 1953. 5. Learned counsel for the respondents/plaintiffs would also contend that the lands were Inam lands held by the ancestors of the plaintiffs and defendants, as such, the grant or re-grant of land in favour of any of the branch would enure to the benefit of remaining members of the family. - 6 - HC-KAR NC: 2025:KHC-D:14198 CRP No. 100067 of 2025 6. This Court has considered the contentions raised at the bar and perused the records. 7. This Court is of the view that whether the properties were Inam lands or not; whether the properties were partitioned in the year 1908 or not; whether it is allotted to the share of the present petitioners’ ancestors or not and even if it is re-granted, whether the properties are re-granted for the family of the petitioners as well as the family of the respondents, are all the questions to be decided after trial. These matters require evidence to be recorded. 8. Under these circumstances, without expressing anything on the merits of the contentions of either of the parties, the petition is not entertained and is dismissed. 9. It is made clear that observations made in this order should not be construed as having expressed - 7 - HC-KAR NC: 2025:KHC-D:14198 CRP No. 100067 of 2025 any opinion against the petitioners and in favour of the respondents and vice-versa. 10. All contentions of the parties are kept open. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM Ct:vh List No.: 1 Sl No.: 46