- 1 - NC: 2025:KHC-D:2143 CRP No. 100169 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL REVISION PETITION NO. 100169 OF 2024 BETWEEN: 1. SMT. YALLAVVA W/O. MALLAPPA KAMBLE, AGE. 44 YEARS, OCC. SCHOOL TEACHER, R/O. RAIBAG, TQ. RAIBAG, DIST. BELAGAVI- 591317. 2. KUMAR ADARSH S/O. MALLAPPA KAMBLE, AGE. 18 YEARS, OCC. STUDENT, R/O. RAIBAG, TQ. RAIBAG, DIST. BELAGAVI- 591317. 3. KUMAR ABHILASH S/O MALLAPPA KAMBLE, AGE. 12 YEARS, MINOR R/BY HIS MINOR GUARDIAN SMT. YALLAVVA W/O. MALLAPPA KAMBLE, R/O. RAIBAG, TQ. RAIBAG, DIST. BELAGAVI- 591317. …PETITIONERS (BY SRI H.N. GULARADDI, ADVOCATE) AND: 1. 2. 3. SMT. MAYAVVA W/O SATTEPPA KAMBLE, AGE. 70 YEARS, OCC. HOUSEHOLD, R/O. RAIBAG, TQ. RAIBAG, DIST. BELAGAVI- 591317. BLOCK EDUCATION OFFICER, RAIBAG. THE DDPI, CHIKODI. …RESPONDENTS (BY SRI RAJASHEKHAR BURJI, ADVOCATE FOR C/R) V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.05 15:16:20 +0530 - 2 - NC: 2025:KHC-D:2143 CRP No. 100169 of 2024 THIS CRP IS FILED UNDER SEC.115 OF CPC, PRAYING THAT THE IMPUGNED ORDER DATED 08.11.2024, PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, RAIBAG IN O.S.NO.142/2019 ON I.A.NO.5 VIDE ANNEXURE-A, IN THE INTEREST OF JUSTICE AND EQUITY, WHEREFORE, FOR THE REASONS STATED ABOVE THIS HONBLE COURT MAY KINDLY BE PLEASED TO ALLOW THIS REVISION PETITION BY SETTING ASIDE THE ORDER IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE E.S.INDIRESH) This Revision Petition is filed by the defendant Nos.1 to 3, challenging the order dated 08.11.2024 in OS No.142/2019 on the file of Senior Civil Judge and JMFC at Raibag (for short, hereinafter referred to as ‘Trial Court’), rejecting IA No.5 filed by the defendant Nos.1 to 3. 2. Having heard the learned counsel appearing for the parties the respondents herein have filed suit in OS No.142/2019 seeking relief of partition, claiming ½ share of the benefits derived on account of death of her son - Mallappa Satteppa Kamble, to the plaintiff. - 3 - NC: 2025:KHC-D:2143 CRP No. 100169 of 2024 3. The defendants entered appearance and filed IA No.5 under Order 7 Rule 11 of CPC seeking interference of the Court, for rejection of plaint. The said application was contested by the plaintiff. The Trial Court after considering the material on record by its order dated 08.11.2024 dismissed IA No.5 and being aggrieved by the same, the defendant Nos.1 to 3 have preferred this Revision Petition. 4. Taking into consideration the submission made by the learned counsel appearing for the parties, the dispute between the parties is with regard to apportionment of the benefits of deceased Mallappa Satteppa Kamble. In that view of the matter, the defendant No.1 is nominee to the deceased and same shall not be considered for rejected the plaint at this stage. 5. In view of the declaration of law made by the Hon’ble Supreme Court in the case of Smt. Sarabati Devi & Anr vs Smt. Usha Devi1, the nomination only indicate to receive the amount however, same would not prevent the legal heirs of the deceased to get the benefits. In that view of the matter, the finding recorded by the Court below is just and 1 AIR 1984 SC 346 - 4 - NC: 2025:KHC-D:2143 CRP No. 100169 of 2024 proper and rightly dismissed the IA No.5 filed by the defendant Nos.1 to 3. No merit in the petition, accordingly petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SMM List No.: 1 Sl No.: 23