- 1 - NC: 2025:KHC-D:4671 CRP No. 100110 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL REVISION PETITION NO. 100110 OF 2024 (-) BETWEEN: 1. SHRI K.B. GONEPPA S/O. LATE BASAPPA, AGE: 65 YEARS, OCC: AGRICULTURE, R/O. CHINTRAPALLI, TQ: H.B. HALLI, DIST: VIJAYANAGAR. 2. SMT. GANTER JOYTEMMA W/O. J. PARASURAM , AGE: 35 YEARS, OCC: AGRICULTURE, R/O. CHIKKASOBAT, TQ: H.B. HALLI, DIST: VIJAYANAGAR. 3. SHRI K. JAMBUNATH @ JAMBANNA S/O. K. BASAVANTAPPA , AGE: 34 YEARS, OCC: AGRICULTURE , R/O. ADAVIANANDADEVARAHALLI TQ: H.B. HALLI, DIST: VIJAYANAGAR. 4. SHRI K. JAMULINGA S/O. K. BASAVANTAPPA , AGE: 32 YEARS, OCC: AGRICULTURE , R/O. ADAVIANANDADEVARAHALLI TQ: H.B. HALLI, DIST: VIJAYANAGAR. 5. SMT. K.B. RENUKAMMA W/O. K.B. MARKANDAPPA , AGE: 52 YEARS, OCC: HOUSEHOLD WORK , R/O. NEAR HULEGEMMA TEMPLE, ARALIHALLI, KURADAGADDI, RAMANAGAR , TQ: H.B. HALLI, DIST: VIJAYANAGAR. 6. SMT. K.B. KIRANNA D/O. LATE K.B. MARKANDAPPA, W/O. S.B. MANJUNATH, AGE: 24 YEARS, OCC: HOUSEHOLD WORK , R/O. NEAR HULEGEMMA TEMPLE, ARALIHALLI, KURADAGADDI, RAMANAGAR. TQ: H.B. HALLI, DIST: VIJAYANAGAR. N/W : TUNGABADRA COLONY, SHIVAMOGGA ROAD, HARIHAR, DIST: DAVANAGERI. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.03.22 15:55:09 +0530 - 2 - NC: 2025:KHC-D:4671 CRP No. 100110 of 2024 7. SHRI K.B. RENUKAPPA S/O. LATE BASAPPA , AGE: 48 YEARS, OCC: AGRICULTURE , R/O. CHINTRAPALLI , TQ: H.B. HALLI, DIST: VIJAYANAGAR. …PETITIONERS (BY SRI. S.G. NANDOOR, ADVOCATE) AND: 1. SHRI K.B. CHANDRAMAPPA S/O. LATE BASAPPA, AGE: 47 YEARS, OCC: AGRICULTURE, R/O. CHINTRAPALLI, N/A. ADAVIANANDADEVARAHALLI, TQ: H.B. HALLI, DIST: VIJAYANAGAR-583212. 2. SMT. K. BASAMMA S/O. KOLI HEMANNA, AGE: 67 YEARS, OCC: AGRICULTURE, R/O: ADAVIANANDADEVARAHALLI , TQ: H.B. HALLI, DIST: VIJAYANAGAR-583212. 3. SMT. SANNA JAGADAMMA W/O. T. HULUGEPPA, AGE: 62 YEARS, OCC: AGRICULTURE, R/O: KADALUBALU, TQ: H.B. HALLI, DIST: VIJAYANAGAR-583212. 4. SMT. K.B. SHYAMALA W/O. LATE K.B. KADLABALAPPA, AGE: 45 YEARS, OCC: AGRICULTURE, R/O: HOUSING BOARD COLONY, RAMANAGAR, TQ: H.B. HALLI, DIST: VIJAYANAGAR-583212. 5. KUMARI K.B. POOJA D/O. LATE K.B. KADLABALAPPA, AGE: 23 YEARS, OCC: AGRICULTURE, R/O: HOUSING BOARD COLONY, RAMANAGAR, TQ: H.B. HALLI, DIST: VIJAYANAGAR. 6. KUMAR K.B. ANAND S/O. LATE K.B. KADLABALAPPA, AGE: 21 YEARS, OCC: STUDENT/AGRICULTURE, R/O: HOUSING BOARD COLONY, RAMANAGAR, TQ: H.B. HALLI, DIST: VIJAYANAGAR-583212. 7. KUMAR K.B. NAVEEN S/O. LATE K.B. KADLABALAPPA, AGE: 19 YEARS, OCC: STUDENT/AGRICULTURE, - 3 - NC: 2025:KHC-D:4671 CRP No. 100110 of 2024 R/O: HOUSING BOARD COLONY, RAMANAGAR, TQ: H.B. HALLI, DIST: VIJAYANAGAR. 8. KOLI BASAVANTAPPA S/O. NINGAJJA, AGE: 66 YEARS, OCC: AGRICULTURE, R/O: ADAVIANANDADEVARAHALLI , TQ: H.B. HALLI, DIST: VIJAYANAGAR-583212. 9. SMT. K.B. VANAJAKSHI S/O. K.B. RENUKAPPA, AGE: 46 YEARS, OCC: HOUSEHOLD WORK, R/O CHINTRAPALLI, TQ: H.B. HALLI, DIST: VIJAYANAGAR-583212. 10. SMT. KOLKAR HULIGEMMA W/O. KOLKAR HANUMATAPPA, AGE: 64 YEARS, OCC: AGRICULTURE, R/O. VARADAPUR VILLAGE, TQ: H.B. HALLI, DIST: VIJAYANAGAR-583212. 11. SMT. M.P. RUDRAMMA W/O. LATE BAPUJI MATAD PATIL, AGE: 70 YEARS, OCC: HOUSEHOLD WORK, R/O. RAMANAGAR, TQ: H.B. HALLI, DIST: VIJAYANAGAR-583212. 12. SHRI Y.M. REVANNASIDDAYYA W/O. Y.M. NAGARAJAYYA, AGE: 53 YEARS, OCC: AGRICULTURE, R/O. RAMANAGAR, TQ: H.B. HALLI, DIST: VIJAYANAGAR-583212. …RESPONDENTS (BY SRI. RAJASHEKHAR BURJI, ADVOCATE FOR R1; SRI. S. LINGANGOUDA, ADVOCATE FOR R1-R7; R8-R12 NOTICE DISPENSED WITH) THIS CIVIL REVISION PETITION IS FILED UNDER SECTION 115 OF CPC PRAYING TO SET ASIDE THE ORDER PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, H.B.HALLI, IN O.S.NO.113/2022 DATED 07.08.2024 AND TO ALLOW THE PRESENT PETITION BY - 4 - NC: 2025:KHC-D:4671 CRP No. 100110 of 2024 ALLOWING THE APPLICATION I.A.NO.I UNDER ORDER VII RULE 11 (B & D) OF CPC FILED BY THE PETITIONER/DEFENDANTS AND TO PASS SUCH OTHER ORDER AS THE COURT DEEMS FIT. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. This Revision Petition is filed by the defendants challenging the Order dated 07.08.2024 in O.S. No.113/2022 on the file of Senior Civil Judge & JMFC, Hagaribommanahalli, dismissing I.A.1 filed under Order 7 Rule 11 of CPC. 2. Facts of the case as borne out from the record are that plaintiffs filed suit seeking partition and separate possession in respect of the suit schedule properties. Defendants entered appearance and filed written statement denying the averments made in the plaint. The defendants filed application in I.A.1 under Order 7 Rule 11 of CPC, contending that the plaintiffs have not filed the suit valuation slip as per the order passed by the Trial Court on 03.04.2024 and accordingly, sought for - 5 - NC: 2025:KHC-D:4671 CRP No. 100110 of 2024 dismissal of the suit. The said application was resisted by the plaintiffs. The Trial Court after considering the material on record, by its Order dated 07.08.2024, dismissed the application with cost and feeling aggrieved by the same, the defendants have preferred this Civil Revision Petition. 3. I have heard Sri. S.G. Nandoor, learned counsel for the petitioners and Sri. Rajashekr Burji, learned counsel for respondent No.1. 4. Sri. S.G. Nandoor, learned counsel for the petitioners invited the attention of the Court to the Order dated 03.04.2024 on I.A.1 filed by defendants under Order 7 Rule 11 of CPC, which was kept open for consideration, wherein the plaintiffs were directed to file fresh valuation slip by calculating the market value. It is the contention of the learned counsel for the petitioners/defendants that since plaintiffs have not obeyed the order dated 03.04.2024, the suit itself is not maintainable for want of payment of court fee and therefore sought to challenge - 6 - NC: 2025:KHC-D:4671 CRP No. 100110 of 2024 the impugned Order dated 07.08.2024 in O.S. No.113/2022 passed by the trial court. 5. Per contra, learned counsel for the respondent sought to justify the impugned order. 6. In the light of the submissions made by the learned counsel for the parties, on careful examination of the Order dated 03.04.2024, the Trial Court kept the application pending and directed the plaintiffs to file fresh valuation slip. Admittedly the suit is one for partition and separate possession. Looking into the finding recorded by the Trial Court, I am of the view that the order dated 03.04.2024 on I.A. No.1 is not correct, however the same was rectified by the Trial Court in its order dated 07.08.2024. 7. Taking into consideration that the issue involved in the suit is a question of law and fact, this Court is of the considered opinion that as the suit is filed seeking relief of partition and separate possession in respect of the suit schedule property and taking into consideration the nature - 7 - NC: 2025:KHC-D:4671 CRP No. 100110 of 2024 of the suit and averments made in the plaint, the suit requires full fledged trial on issues framed therein and the trial court has rightly dismissed I.A.1 which is required to be confirmed in this petition. 8. Accordingly, the petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE sac CT-MCK List No.: 1 Sl No.: 29