- 1 - NC: 2025:KHC-D:550 CRP No. 100182 of 2023 C/W CRP No. 100181 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL REVISION PETITION NO. 100182 OF 2023 (-) C/W CIVIL REVISION PETITION NO. 100181 OF 2023 IN CRP NO.100182/2023 BETWEEN: BALAKRISHNA RAJA NEERCHAL S/O. SHANKARNARAYAN BHAT, A/A 56 YEARS, EMPLOYED R/O. DOOR NO. 5, GROUND FLOOR, 5TH CROSS, BASAVESHWAR LAYOUT, RAJARAJESHWARI NAGARA, BANGALORE – 560098. …PETITIONER (BY SRI. A. P. HEGDE JANMANE AND SRI. VIJAY MALALI ADVOCATES) AND: 1. GANAPATI RAMAYYA HEGDE, A/A 58 YEARS, AGRICULTURIST, R/O. GADIKAI, PO: TARGOD (BHAIRUMBE), TQ: SIRSI, UTTARA KANNADA DISTRICT. 2. BALACHANDRA MAHADEV HEGDE, A/A 48 YEARS, AGRICULTURIST, R/O. GADIKAI PO TARGOD (BHAIRUMBE) TAL: SIRSI, UTTARA KANNADA DISTRICT. 3. PRAKASH KAKAL S/O. KAKAL LAXMINARAYANA A/A 52 YEARS, AGRICULTURIST, R/O. HEGGODU, PO. HONNESARA, TAL: SAGARA, SHIVAMOGGA DISTRICT. 4. R. GANAPATI BHAT S/O. RAMAKRISHNA BHAT MANJANNA E Digitally signed by MANJANNA E Date: 2025.01.24 13:01:00 +0530 - 2 - NC: 2025:KHC-D:550 CRP No. 100182 of 2023 C/W CRP No. 100181 of 2023 A/A 71 YEARS, AGRICULTURIST r/o. JIGALEMANE, PO: YEDJIGALEMANE, TAL: SAGARA, SHIVAMOGGA DISTRICT. 5. SANATHANA SAMARTHA BHAT S/O GANAPATI BHAT A/A 38 YEARS, AGRICULTURIST. R/O. JIGALEMANE, PO: YEDAJIGALEMANE. TAL: SAGARA, SHIVAMOGGA DISTRICT. 6. SUBRAHMANYA KUMARA K.M S/O. BALAKRISHNA BHAT K.M. A/A 56 YEARS, AGRICULTURIST. R/O. KUNTIKANA MATH, PO: KUNTIKANA. VIA PERDALA, KASARAGOD DISTRICT-671551 KERALA STATE. 7. C.B. LAXMINARAYAN HEGDE S/O. BHEEMAIAH, A/A 69 YEARS, RETIRED EMPLOYEE, R/O. HOUSE NO.71, SHREEDHARA KRUPA, 3RD MAIN. NEAR HUJARATH BHAVAN, NEAR KUMBHAKONAM PLOT. DESHPANDE NAGAR, HUBLI, DHARWAD DISTRICT-580020. 8. SHANKARA BHAT S/O NARAYAN BHAT. A/A 57 YEARS, AGRICULTURIST. R/O. SKANDA RESIDENCY, SHIVA NAGAR. TENKILA, NEAR, BYPASS ROAD, PUTTUR. DAKSHINA KANNADA DISTRICT-574201. 9. PATTE SUBRAHMANYA BHAT S/O NARASIMHA BHAT. A/A 66 YEARS, AGRICULTURIST. R/O. 1521, B CROSS, SOUTH END, JAYANAGARA 9TH - BLOCK. BENGALURU-560004. 10. SATHISH NETTAR S/O. VENKATRAMANA BHAT. A/A 56 YEARS, AGRICULTURIST. R/O. NAVYA, PATTAJE, BELLARE POST. SULLIA, DAKSHINA KANNADA DISTRICT-574212. 11. RAVIKUMAR SADANAND KONNUR(VALIKAR). - 3 - NC: 2025:KHC-D:550 CRP No. 100182 of 2023 C/W CRP No. 100181 of 2023 A/A 27 YEARS, AGRICULTURIST. R/O. JORAPUR PET, BABALESHWAR NAKA. VALIKAR HOUSE, VIJAYAPUR-586101. …RESPONDENTS (BY SRI. CHETAN MUNNOLI, SMT. SURABHI KULKARNI AND SRI. RAGHUVEER R SATTIGERI, ADVOCATES FOR R1; R2 TO R11 – NOTICE DISPENSED WITH) THIS CRP IS FILED UNDER SEC.115 OF CPC, 1908, PRAYING TO, CALL FOR RECORDS IN OS NO. 69/2017 ON THE FILE OF CIVIL JUDGE AND JMFC., SIDDAPUR AND SET ASIDE THE ORDER DATED 30.08.2023 PASSED ON I.A. NO. 3 AND ORDER TO REJECT THE PLAINT. IN CRP NO.100181/2023 BETWEEN: ASHWINIKUMAR S/O. S. R. TIMMAPPA, A/A 53 YEARS,BUSINESS, R/O. “ADWAITA” OPP. S.G.M. T CO.LTD. VINOBHA NAGAR, SAGAR, SHIVAMOGGA DISTRICT. …PETITIONER (BY SRI. A P HEGDE JANMANE AND SRI. VIJAY MALALI, ADVOCATES) AND: 1 ANANTH MAHABALESHWAR BHAT A/A 52 YEARS, AGRICULTURE, R/O. KARGOD PO. DODDAMANE, TAL: SIDDAPUR, UTTARA KANNADA DISTRICT - 581 322. 2 MRS. LATHA D/O. SUBBRAY HEGDE. A/A 47 YEARS, HOUSEHOLD. R/O. SHRI GURUJYOTI, INDIRA NAGAR. TAL:SIDDAPUR, UTTARA KANNADA DISTRICT-581355. - 4 - NC: 2025:KHC-D:550 CRP No. 100182 of 2023 C/W CRP No. 100181 of 2023 3 MANJAPPA BABU KANADE. A/A 40 YEARS, AGRICULTURE, R/O. NEAR DURAGIGUDI, PO: BILAGI, TAL: SIDDAPUR, UTTARA KANNADA DISTRICT-581322. 4 MAHABALESHWAR NARAYAN BHAT MUDGANI. A/A 81 YEARS, BUSINESS. R/O NO.1168/A, GURUKRIPA, 18TH “C” MAIN. BANGALORE-560010. 5 DR.TIMMAPPA TIMMAPPA HEGDE. A/A 88 YEARS, DOCTOR. PO: KUMTA, KUMTA TALUK. UTTARA KANNADA DISTRICT. 6 CHEMBARPU H. SATYANARAYAN BHAT. S/O. SATYANARAYAN BHAT, MAJOR. R/O. SANTHOSH APARTMENTS, MALLESHWARAM. BANGALORE-560003. 7 ELI NARAYANAPPA. S/O. S.V NARAYANAPPA, A/A 84 YEARS. R/O. PO: HANDIGOD, MALVE. TAL: SAGAR, SHIVAMOGGA DISTRICT. 8 GOPALKRISHNA RAO CHAPPALLI. A/A 91 YEARS, AGRICULTURE. R/O. CHIPLI POST, VARADAMALE. SAGAR TALUK, SHIVAMOGGA DISTRICT. 9 K.N SHARMA. A/A 76 YEARS, HOUSEHOLD. R/O. SUVIDHA BAZAR, RAJENDRA PRASAD ROAD. TAL: SAGAR, SHIVAMOGGA DISTRICT. 10 EDURKALA ISHWAR SHAM BHAT. MAJOR, BUSINESS. R/O NO.1791, DHYANA 1ST MAIN, MAIN ROAD, PIPELINE ROAD, T.DASARAHALLI. - 5 - NC: 2025:KHC-D:550 CRP No. 100182 of 2023 C/W CRP No. 100181 of 2023 BANGALORE-560057. 11 INDIRA W/O. MOHAN HEGDE. A/A 71 YEARS, HOUSEHOLD. R/O M.G.HAGRA(SHRI GOURI) NEAR RANGANNA KALYANA MANTAPA(BEHIND). ANEKOPPA, TAL:SAGAR, SHIVAMOGGA DISTRICT. 12 SADANAND SHARMA SAGAR PRAGNA BHARAT S/O. SADANAND SHARMA, A/A 66 YEARS, R/O. SAGAR, SHIVAMOGGA DISTRICT. 13 K.T.MAHABALAGIRI TIMMAPPA HEGDE. A/A 60 YEARS, BUSINESS. R/O. KANDIKA VILLAGE AND POST TAL: SAGAR SHIVAMOGGA DISTRICT-577401. 14 THIMMANNA S/O. SHANKARNARAYAN BHAT SONDI BAYAR, A/A 86 YEARS, HOUSEHOLD. R/O. PARAMAGERU, PO: KATHARINE, VIA UPPALA-671322. 15 SHANKAR BHAT G. BELLARE. S/O. NARAYAN BHAT K, AGED MAJOR. R/O GUNDIGADDE HOUSE, BELLARE POST. LULIA TALUK, DAKSHINA KANNADA DISTRICT-574212. 16 ADAPATYA RAMACHANDRA. S/O. SHIVARAMAIA, AGED MAJOR. R/O. GOKULAM, PO: SAVANURU, PUTTUR TALUK. DAKSHINA KANNADA DISTRICT-574201. 17 GOPALKRISHNA BHATT NETTAR. S/O. SUBRAY BHAT, A/A 71 YEARS. UDAYAGIRI POST, BALILA, TALUK: SULYA DAKSHINA KANNADA DISTRICT. - 6 - NC: 2025:KHC-D:550 CRP No. 100182 of 2023 C/W CRP No. 100181 of 2023 18 MANJUNATH H.N. H.NARAYAN RAO, R/O. POST HOSABALE VILLAGE. SORABA TALUK, SHIVAMOGGA DISTRICT-577434 19 JAIKRISHNA A.K. S/O. A.KESHAV BHAT. R/O NO.61, 5TH MAIN ROAD, POSTAL COLONY. SAJAYNAGAR, BANGALORE-560094. 20 MAYURI W/O. GAJANAN UPADHYAYA. R/O NO.19, 12TH CROSS, VIJAYANAGAR. PIPELINE, NEAR TEJA HOME, VIJAYANAGAR. BANGALORE-560023. 21 KADSE ASHOKMURTHI S/O. GANGA NAIK. R/O. SOORANAGADDE, J.P.NAGARA, SAGAR. SHIVAMOGGA DISTRICT. 22 SHANTARAM S/O. VENKATRAMAN HEGDEKATTE. A/A 62 YEARS, PENSIONER. R/O NO.E7, 3RD FLOOR, OAKYARD APARTMENTS. 38TH CROSS, B AND C MAIN ROAD. TILAKNAGAR, JAYANAGAR. BANGALORE-560041. …RESPONDENTS (BY SRI. CHETAN MUNNOLI, SMT. SURABHI KULKARNI AND SRI. RAGHUVEER R SATTIGERI, ADVOCATES FOR R1-3; R4 TO R22 – NOTICE DISPENSED WITH) THIS CRP IS FILED UNDER SEC.115 OF CPC, 1908, PRAYING TO CALL FOR RECORDS IN O.S NO. 41/2017 ON THE FILE OF CIVIL JUDGE COURT, SIDDAPUR AND SET ASIDE THE ORDER DATED 30.08.2023 PASSED ON I.A. NO. 7 AND ORDER TO REJECT THE PLAINT. THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: - 7 - NC: 2025:KHC-D:550 CRP No. 100182 of 2023 C/W CRP No. 100181 of 2023 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard the learned counsel appearing for the parties. 2. These revision petitions are arising out of dismissal of the application filed by the petitioners herein under Order VII Rule 11(a) read with Section 151 of the Code of Civil Procedure1 dated 30.08.2023 in O.S.No.41/2017 and O.S.No.69/2017 respectively. 3. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. 4. The plaintiffs have filed O.S.No.41/2017 and O.S.No.69/2017 against the defendants seeking, relief of permanent injunction restraining the defendants from publishing any message or statement or article either in print or on television or on social media viz., facebook, whatsup, twitter, instagram, etc., against 1 Hereinafter referred to as ‘CPC’ - 8 - NC: 2025:KHC-D:550 CRP No. 100182 of 2023 C/W CRP No. 100181 of 2023 Ramachandrapura Mutt or His Holiness Sri Raghaveshwara Bharathi Swamiji, in future. 5. On service of notice, the defendants entered appearance and filed written statement. The defendant No.9 in O.S.No.69/2017 has filed an application in I.A.No.III under Order VII Rule 11(a) of CPC seeking to reject the plaint on the ground that the plaint does not disclose cause of action against the defendants. The said application is dismissed by the Trial Court by order dated 30.08.2023 (Annexure-E) and feeling aggrieved by the same, the defendant No.9 has filed CRP No.100182/2023. In O.S.No.41/2017, defendant No.19 has filed application in I.A.No.VII under Order VII Rule 11(a) of CPC seeking to reject the plaint on the ground that the plaint does not disclose the cause of action and the said application came to be dismissed on 30.08.2023 by the Trial Court and as such defendant No.19 has preferred CRP No.100181/2023. 6. After service of notice, the respondents/plaintiffs entered appearance and filed - 9 - NC: 2025:KHC-D:550 CRP No. 100182 of 2023 C/W CRP No. 100181 of 2023 I.A.No.2/2024 seeking to withdraw the respective suits to file a comprehensive suit on the very same cause of action. The said application is opposed by the petitioners herein by filing statement of objection. 7. Having heard the learned counsel for parties and taking into consideration the statement of objection filed by the petitioners herein to the application filed by the respondents herein to withdraw the suits, wherein it is stated that since the suit is for bare injunction which is of recurring cause of action is concerned to file suit for injunction and therefore it is contended by the learned counsel for the petitioners herein that liberty cannot be reserved to the plaintiffs to file suit on the same cause of action. 8. The said submission is opposed by the learned counsel for the respondents/plaintiffs stating that the plaintiffs seek to withdraw the suit to file a comprehensive suit on the very same cause of action and the same would - 10 - NC: 2025:KHC-D:550 CRP No. 100182 of 2023 C/W CRP No. 100181 of 2023 not affect the rights of defendants and accordingly sought to justify the applications. 9. Having taken note of the submission made by learned counsel for parties, it is not in dispute that both suits are filed by the plaintiffs seeking relief of injunction against the defendants and the Trial Court has dismissed the applications filed under Order VII Rule 11(a) of CPC filed by defendant No.9 and 19 respectively in the suits. 10. In the backdrop of these aspects and also taking into account the submission made by the learned counsel for parties, I find force in the submission of the learned counsel for respondents herein that the plaintiffs be permitted to withdraw the suits, to present a fresh suit on the very same cause of action arises in the suits mentioned above. 11. In that view of the matter, since the plaintiffs seek to withdraw the suits, the applications in I.A.No.2/2024 in CRP No.100182/2023 and I.A.No.2/2024 - 11 - NC: 2025:KHC-D:550 CRP No. 100182 of 2023 C/W CRP No. 100181 of 2023 in CRP No.100181/2023 are hereby allowed and the plaintiffs/respondents herein are permitted to withdraw the suits in O.S.No.69/2017 and O.S.No.41/2017 pending consideration before the Trial Court and liberty is reserved to file fresh a suit, if so advised, however shall be on the very same cause of action. 12. With these observations, the revision petitions are dismissed. Sd/- (E.S.INDIRESH) JUDGE SH CT:ANB List No.: 1 Sl No.: 16