- 1 - NC: 2025:KHC-D:4259 CRP No. 100104 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL REVISION PETITION NO. 100104 OF 2024 (-) BETWEEN: 1. SHRI UMESHCHANDRA S/O. PARASHURAM PATIL, AGE: 41 YEARS, OCC: SERVICE, R/O. PLOT NO.97, SHALIGRAM BUILDING, SECTOR NO.21, KAMOTHE PANVEL, MAHARASHTRA-410206. 2. SHRI SHAILESHCHANDRA S/O. PARASHURAM PATIL, AGE: 39 YEARS, OCC: SERVICE, R/O. VENGURLA ROAD, SULGA, TAL AND DIST: BELAGAVI. …PETITIONERS (BY SRI. VITTHAL S. TELI, ADVOCATE) AND: SHRI PARASHURAM S/O. BHARMAJI PATIL, AGE: ABOUT 76 YEARS, OCC: AGRICULTURE, R/O. H.NO.696, VENGURLA ROAD, SULGA, TAL AND DIST: BELAGAVI. …RESPONDENT THIS CIVIL REVISION PETITION IS FILED UNDER SECTION 115 OF CPC 1908 TO SET ASIDE THE ORDER DATED 18.01.2024 PASSED IN O.S. NO.1401/2023 BY THE III ADDITIONAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, BELAGAVI AND BY ALLOWING THIS REVISION PETITION IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.03.07 16:18:41 +0530 - 2 - NC: 2025:KHC-D:4259 CRP No. 100104 of 2024 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the petitioner. 2. The petitioner is assailing the order dated 18.01.2024 in OS No.1401/2023 on the file of III Additional Civil Judge and JMFC, Belagavi, refusing to accept the application filed under Order 23 Rule 3 of CPC. 3. Having taken note of the submission made by the learned counsel appearing for the petitioner, I do not find any merit in the revision petition as the Trial Court after considering the documents on record as well as the petition averments in the application under Order 23 Rule 3 of CPC, rightly rejected the application as the defendant has failed to establish his right through the revenue documents. Therefore, no interference is called for in this revision petition. 4. Accordingly, revision petition is dismissed. - 3 - NC: 2025:KHC-D:4259 CRP No. 100104 of 2024 5. It is also to be noted that, the evidence is yet to be begin in the suit and therefore, I am of the view that, it is always open for the petitioner to file necessary application with relevant documents to satisfy the Court for accepting the compromise petition in the event the parties file compromise petition during the course of the suit. Sd/- (E.S.INDIRESH) JUDGE SMM CT-MCK List No.: 1 Sl No.: 15