- 1 - NC: 2025:KHC-D:2080 CRP No. 100143 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL REVISION PETITION NO. 100143 OF 2023 BETWEEN: 1. SMT. SIDDAWA W/O SIDRAM YADRANVI AGE. 51 YEARS, OCC. HOUSEHOLD WORK AND AGRIL., R/O.KERUR-591213. TQ. CHIKKODI, DIST. BELAGAVI. 2. SMT. SATYAWA W/O MALAKARI WADER AGE. 37 YEARS, OCC. HOUSEHOLD WORK AND AGRIL., R/O.KERUR-591213, TQ. CHIKKODI, DIST. BELAGAVI. 3. SMT. REKHA W/O YALLAPUR KITTUR AGE.34 YEARS, OCC. HOUSEHOLD WORK AND AGRIL., R/O. MELAVANKI-591218, TQ. GOKAK, DIST. BELAGAVI. 4. SMT. MANJULA D/O SIDRAM YADRANVI AGE. 32 YEARS, OCC. HOUSEHOLD WORK AND AGRIL., R/O.KERUR-591213, TQ. CHIKKODI, DIST. BELAGAVI. 5. SMT. SHRIDEVI W/O KENCHAPPA BEKKERI AGE. 30 YEARS, OCC. HOUSEHOLD WORK AND AGRIL.,- R/O.YLPARATTI CANAL BUNGALOW-591317, TQ. RAIBAG, DIST. BELAGAVI. …PETITIONERS (BY SRI. LAXMAN T. MANTAGANI, ADVOCATE) V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.05 15:15:48 +0530 - 2 - NC: 2025:KHC-D:2080 CRP No. 100143 of 2023 AND: 1. SMT. PARWATI W/O SIDRAM YADRANVI AGE. 49 YEARS, OCC. AGRI. & HOUSEHOLD WORK R/O.KERUR-591213, TQ. CHIKKODI, DIST. BELAGAVI. 2. MALAKARI S/O SIDRAM YADRANVI AGE. 29 YEARS, OCC. AGRIL., R/O.KERUR-591213, TQ. CHIKODI, DIST. BELAGAVI. 3. BASAVARAJ S/O SIDRAM YADRANVI AGE. 31 YEARS, OCC. AGRIL., R/O.KERUR-591213, TQ. CHIKODI, DIST. BELAGAVI. …RESPONDENTS (BY SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R1 TO R3) THIS CRP IS FILED UNDER SEC.115 OF CPC, PRAYING TO, SET ASIDE THE IMPUGNED ORDER DATED 24.08.2023 PASSED BY THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE, CHIKKODI ON I.A. NO.3 IN OS NO.101/2022 VIDE ANNEXURE-H & ETC., THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER (PER: THE HON'BLE MR. JUSTICE E.S.INDIRESH) 1. This petition is filed by defendants No.1 to 5 in O.S.No.101/2022 challenging the order dated 24.08.2023 on the file of the Principal Senior Civil Judge, Chikkodi dismissing I.A.No.3 filed by defendants under Order 7 Rule 11(d) of CPC. - 3 - NC: 2025:KHC-D:2080 CRP No. 100143 of 2023 2. Heard the learned counsel appearing for the parties. 3. It is not in dispute that the plaintiffs have filed suit seeking relief of ½ share in respect of suit schedule property. The defendants entered appearance and filed I.A.No.3 under Order 7 Rule 11(d) of CPC and submitted that the rights of parties have been crystallized in O.S.No.103/2024 by drawing compromise decree and therefore O.S.No.101/2022 is not maintainable and hit by res-judicata. 4. In that view of the matter, taking into consideration that, though the learned counsel appearing for the petitioners submitted that the rights of parties have already been adjudicated and decided in O.S.No.103/2024, however, by looking into the plaint averments, I am of the view that the Trial Court has rightly dismissed I.A.No.3 as the matter requires adjudication in trial. The Trial Court has to satisfy with - 4 - NC: 2025:KHC-D:2080 CRP No. 100143 of 2023 regard to the pleas that may be made by the parties and to assess the entire material on record. 5. In that view of the matter, I do not find any merit in the petition to interfere with the impugned order passed by the Court below. 6. Accordingly, the petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SH LIST NO.: 1 SL NO.: 19