- 1 - NC: 2025:KHC-D:2757 CRP No. 100131 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL REVISION PETITION NO. 100131 OF 2024 (-) BETWEEN: PRAKASH S/O. BALANAGOUDA GOUDAR, AGE. 29 YEARS, OCC. AGRICULTURE, R/O. KOUJAGANUR, TQ. HUNBUND, DIST. BAGALKOT. …PETITIONER (BY SRI. NAGANGOUDA R. KUPPELUR, ADVOCATE) AND: 1. SMT. BASAVVA W/O. SANGANAGOUDA GOUDAR, AGE. 69 YEARS, OCC. HOUSEHOLD WORK, R/O. CHITTAWADAGI, TQ. HUNGUND, DIST. BAGALKOT -587101. 2. SHEKHARGOUDA S/O. YANKANAGOUDA KANCHI, AGE. 64 YEARS, OCC. PRIVATE WROK, R/O. SIMIKERI, TQ AND DIST. BAGALKOT – 587101. 3. SMT. TULASAVVA W/O. MOHAN SULEBHAVI, AGE. 59 YEARS, OCC. HOUSEHOLD WORK, R/O KOUJAGANUR, TQ. HUNGUND, DIST. BAGALKOT – 587101. 4. SMT. AMARAVVA W/O PRANESH HERKAL, AGE. 49 YEARS, V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.15 12:14:29 +0530 - 2 - NC: 2025:KHC-D:2757 CRP No. 100131 of 2024 OCC. HOUSEHOLD WORK, R/O NAVANAGAR, TQ AND DIST. BAGALKOT – 587101. 5. SMT. REKHAVVA W/O. BASAVARAJ KANCHI, AGE. 42 YEARS, OCC. HOUSEHOLD WORK, R/O. BENNUR, TQ AND DIST. BAGALKOT – 587101. 6. KRISHNAPPAGOUDA S/O. YANKANAGOUDA KANCHI, AGE. 47 YEARS, OCC. AGRICULTURE, R/O. KOUJAGANUR, TQ. HUNGUND, DIST. BAGALKOT-587101. 7. GOJAVVA W/O. HANUMANTH ACHAHALLI, AGE. 42 YEARS, OCC. HOUSEHOLD WORK, R/O. KUMBALAHATTI, TQ. MANAVI, DIST. RAICHUR – 5874102. …RESPONDENTS (BY SRI. SRINIVAS B. NAIK AND SRI. MUTTURAJ H. KWAS, ADVOCATES) ----- THIS CRP IS FILED UNDER SEC.115 OF CPC, PRAYING TO CALL FOR THE RECORDS IN OS NO. 114/2020 PENDING ON THE FILE SENIOR CIVIL JUDGE AND JMFC, HUNGUND AND SET ASIDE THE IMPUGNED ORDER DATED 20.07.2024 ON IA NO.3 BY ALLOWING THE IA NO. 3 AND CONSEQUENTLY REJECTING THE PLAINT IN OS NO.114/2020 IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - NC: 2025:KHC-D:2757 CRP No. 100131 of 2024 ORAL ORDER 1. This Revision Petition is filed by the defendant challenging the order dated 20.07.2024 in OS No.114 of 2020 on the file of Senior Civil Judge and JFMC, Hungund on IA No.3. 2. Heard learned counsel appearing for the parties. 3. The plaintiff has filed suit seeking relief of declaration with other consequential reliefs. The defendants entered appearance and filed IA No.3 under Order VII Rule 11 seeking rejection of the plaint. The said application was considered by the Trial Court and same was dismissed by order dated 20.07.2020. 4. It is argued by the learned counsel appearing for the petitioner/defendant that, the property in question has been already devolved between the parties, and the defendant is in possession of the suit schedule - 4 - NC: 2025:KHC-D:2757 CRP No. 100131 of 2024 property and as such, the suit is barred by law of limitation. 5. In the light of the submission made by the learned counsel appearing for the petitioner, the defendant has filed an application seeking rejection of the plaint on the ground that, the suit is barred by limitation. Taking into consideration the averments made in the plaint, as the plaintiffs have stated that, the plaintiffs during September 2020, came to know about the change of mutation entries made in favour of the defendants and therefore, suit required to be heard on merits and enquiry has to be conducted to resolve the dispute between the parties and therefore, there is no perversity in the impugned order passed by the Trial Court and accordingly, Revision Petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SB: List No.: 1 Sl No.: 24