- 1 - HC-KAR NC: 2025:KHC-D:15354 CRP No. 100082 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE CIVIL REVISION PETITION NO. 100082 OF 2025 BETWEEN: B. SRINIVASA S/O. LATE BALA KRISHNA, AGE. 60 YEARS, OCC. AGRICULTURIST, R/O. YASHWANTHANAGAR VILLAGE, SANDUR TALUK, DIST. BALLARI-583 101. … PETITIONER (BY SRI. MALLIKARJUNASWAMY B. HIREMATH, ADVOCATE) AND: 1. C. SHRIVASHANKRAPPA S/O. LATE AJJAPPA, AGE. 65 YEARS, OCC. AGRICULTURIST, R/O. YASHWANTHANAGAR VILLAGE, SANDUR TALUK, DIST. BALLARI-583 101. 2. C. NIRANJANA S/O. LATE BASAVARAJ, AGE. 55 YEARS, OCC. AGRICULTURIST, R/O. YASHWANTHANAGAR VILLAGE, SANDUR TALUK, DIST. BALLARI-583 101. 3. C. CHANNABASAPPA S/O. LATE SHRI BALASUBRAMANYA, AGE. 50 YEARS, OCC. AGRICULTURIST, R/O. YASHWANTHANAGAR VILLAGE, SANDUR TALUK, DIST. BALLARI-583 101. 4. C. MAHESH S/O. C. DAKSHINAMURTHY, AGE. 53 YEARS, OCC. AGRICULTURIST, CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.11.28 11:58:19 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15354 CRP No. 100082 of 2025 R/O. YASHWANTHANAGAR VILLAGE, SANDUR TALUK, DIST. BALLARI-583 101. 5. C. GOWRISHANKARA S/O. LATE C. MALLIKARJUNAPPA, AGE. 60 YEARS, OCC. AGRICULTURIST, R/O. YASHWANTHANAGAR VILLAGE, SANDUR TALUK, DIST. BALLARI-583 101. 6. C. SHARADAMMA W/O. LATE C. NARENDRAPPA, AGE. 60 YEARS, OCC. AGRICULTURIST, R/O. YASHWANTHANAGAR VILLAGE, SANDUR TALUK, DIST. BALLARI-583 101. 7. S. KARTHIK S/O. B. SRINIVASA, AGE. 26 YEARS, OCC. AGRICULTURIST, R/O. YASHWANTHANAGAR VILLAGE, SANDUR TALUK, DIST. BALLARI-583 101. 8. IMAMSI S/O. KOTE NAZEER, AGE. 30 YEARS, OCC. AGRICULTURIST, R/O. YASHWANTHANAGAR VILLAGE, SANDUR TALUK, DIST. BALLARI-583 101. 9. CHANDDA BASHA S/O. ITLA RAJANNA, AGE. 30 YEARS, OCC. AGRICULTURIST, R/O. YASHWANTHANAGAR VILLAGE, SANDUR TALUK, DIST. BALLARI-583 101. … RESPONDENTS THIS CRP IS FILED UNDER SECTION 115 OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 25.04.2025 PASSED BY THE CIVIL JUDGE AND J.M.F.C., SANDUR IN O.S. NO.55/2023 AND CONSEQUENTLY ALLOW I.A. NO.1. - 3 - HC-KAR NC: 2025:KHC-D:15354 CRP No. 100082 of 2025 THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order dated 25.04.2025 rejecting the application under Order VII Rule 11(d) of Code of Civil Procedure, wherein the petitioner sought rejection of the plaint on the premise that the suit ought to have been filed in the representative capacity and the suit for bare injunction is not maintainable. 2. The contention that the suit ought to have been filed in representative capacity is based on the premise that in the family of the petitioner’s vendors and the plaintiff, the property was left for the public use after dividing the remaining properties. Thus, it is contended that the plaintiffs alone cannot claim right over the property as the property becomes the public property and the proper course is to file a suit in the representative capacity. - 4 - HC-KAR NC: 2025:KHC-D:15354 CRP No. 100082 of 2025 3. It is noticed from the plaint that plaintiffs alleged that there is cart way in the suit land. If that is the case, apart from the public, the plaintiffs may also have right to use the cart way. 4. In that view of the matter, the contention that the suit is not maintainable for not having availed leave under Order I Rule 8 of Code of Civil Procedure cannot be accepted. The matter requires trial. 5. Hence, the following: ORDER (i) Accordingly, the petition is dismissed. (ii) All other contentions are kept open and are to be decided in the suit. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP CT:BCK LIST NO.: 1 SL NO.: 49