- 1 - HC-KAR NC: 2025:KHC-D:18338 CRP No. 100185 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CIVIL REVISION PETITION NO. 100185 OF 2023 (-) BETWEEN: SRI. SHANKAR S/O. AVANNA KAMATE, AGE. 64 YEARS, OCC. AGRICULTURE, R/O. KUNAGATHOLI, TQ. CHIKKODI, DIST. BELAGAVI. …PETITIONER (BY SRI. NEELENDRA D. GUNDE, ADVOCATE) AND: 1. SMT. SAVITA D/O. BASAVANNI KAMATE, SINCE MARRIED CALLED AS SUNITA @ SAVITA W/O. RAJU SHETTIMALI, A/A. 43 YEARS, OCC: HOUSEHOLD WORK AND AGRICULTURE, R/O. NOW RESIDING AT HER HUSBAND’S PLACE A/P. KADAPUR, TAL. CHIKODI, DIST. BELAGAVI-590001. 2. SRI. BASAVANI S/O. AVANNA KAMATE, AGE: 60 YEARS, OCC: AGRICULTURE, R/O. KUNGATHOLI, TALUKA. CHIKODI, DIST: BELAGAVI-590001. 3. SMT. GANGAWWA W/O. BASAVANNIT KAMATE, AGE: 66 YEARS, OCC: HOUSEHOLD WORK, R/O. KUNGATHOLI, TALUKA. CHIKODI, DIST: BELAGAVI-590001. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.19 16:09:59 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18338 CRP No. 100185 of 2023 4. SRI. SURESH S/O. BASAVANNI KAMATE, AGE: 47 YEARS, OCC: AGRICULTURE, R/O. KUNGATHOLI, TALUKA. CHIKODI, DIST: BELAGAVI-590001. 5. SRI. MAHESH S/O. BASAVANNI KAMATE, AGE: 44 YEARS, OCC: AGRICULTURE, R/O. KUNGATHOLI, TALUKA. CHIKODI, DIST: BELAGAVI-590001. 6. SRI. MAHADEVI W/O. SADASHIV HUCHANNAVAR, AGE: 49 YEARS, OCC: HOUSEHOLD WORK, R/O. BAMBALWAD, TAL. CHIKODI, DIST: BELAGAVI-590001. 7. SMT. KAVITA W/O. BALAPPA HADIMANI, AGE: 40 YEARS, OCC: HOUSEHOLD, R/O. KUNGATHOLI, TALUKA. CHIKODI, DIST: BELAGAVI-590001. 8. SRI. MAHADEV S/O. AVANNA KAMATE, AGE: 50 YEARS, OCC: AGRICULTURE, R/O. KUNGATHOLI, TALUKA. CHIKODI, DIST: BELAGAVI-590001. 9. SRI. SHIVARAI S/O. AVANNA KAMATE, AGE: 70 YEARS, OCC: AGRICULTURE, R/O. KUNGATHOLI, TALUKA. CHIKODI, DIST: BELAGAVI-590001. 10. SRI. RAMAPA S/O. AVANNA KAMATE, AGE: 71 YEARS, OCC: AGRICULTURE, R/O. KUNGATHOLI, TALUKA. CHIKODI, DIST: BELAGAVI-590001. - 3 - HC-KAR NC: 2025:KHC-D:18338 CRP No. 100185 of 2023 11. SMT. SUSHAWWA W/O. NINGAPPA HOSAMANI, AGE: 64 YEARS, OCC: AGRICULTURE & HOUSEHOLD, R/O. TERADAL, TALUKA. JAMKHANDI, DIST: BELAGAVI-590001. 12. SRI. BHARAMAPPA S/O. BABU HUCHANNAVAR, AGE: 57 YEARS, OCC: AGRICULTURE, R/O. BAMBALWAD, TAL. CHIKODI, DIST: BELAGAVI-590001. 13. SRI. ANAND S/O. SHIVAPPA HOSAMANI, AGE: 65 YEARS, OCC: AGRICULTURE, R/O. TERADAL, TALUKA. JAMKHANDI, DIST: BELAGAVI-590001. 14. SRI. SIDARAM S/O. RAMAPPA HOSAMANI, AGE: 38 YEARS, OCC: AGRICULTURE, R/O. TERADAL, TALUKA. JAMKHANDI, DIST: BELAGAVI-590001. …RESPONDENTS (BY SRI. ROHIT S. PATIL, ADVOCATE FOR R1; NOTICE TO R2-R10 & R12-R14 IS SERVED; NOTICE TO R11 IS HELD SUFFICIENT) THIS CIVIL REVISION PETITION IS FILED UNDER SECTION 115 OF CPC, PRAYING TO CALL FOR THE RELEVANT RECORDS AND ALLOW THIS CIVIL REVISION PETITION, BY SETTING ASIDE THE ORDER PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AT CHIKODI IN O.S. NO.59/2023 DATED 28.06.2023, THEREBY REJECTING I.A. NO.3 FILED BY THE DEFENDANT NO.10/PETITIONER HEREIN, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:18338 CRP No. 100185 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order dated 28.06.2023 passed by the Principal Senior Civil Judge, Chikkodi on I.A. No.3 in O.S. No.59/2023, rejecting the application under Order VII Rule 11 of the Code of Civil Procedure (‘Code’) where defendant No.1 prayed to reject the plaint on the premise that the suit for partition against him is not maintainable on the premise that the partition has already taken place. 2. It is the contention that plaintiff’s father, brothers and sisters entered into a settlement and the family properties were partitioned in O.S. No.49/2014 in terms of the compromise decree. 3. The plaintiff who is the daughter of Basavanni (one of the parties in O.S. No.49/2014 referred to above) filed the suit to nullify the aforementioned decree. The suit is filed after 9 years after the said decree. Assuming that plaintiff has share - 5 - HC-KAR NC: 2025:KHC-D:18338 CRP No. 100185 of 2023 in the property, her right is only in the share allotted to Basavanni the plaintiff’s father. 4. The suit is not maintainable in respect of the share allotted to plaintiff’s father’s brothers and sisters. It is also urged that in the aforementioned suit, suit property in the said suit was divided into seven equal shares and one share is allotted to plaintiff’s father. Thus, it is not possible to urge that the share allotted to plaitniff’s father is either legal or of less value and plaintiff’s father not having questioned the same, the plaintiff cannot seek to question the same. 5. Learned counsel for the plaintiff/respondent would contend that the application to reject the plaint is not maintainable and the case requires trial. It is also urged that there is a counter claim filed by the sister and Basavanni’s sister’s son. Learned counsel would also urge that the partial rejection of the plaint is also not permissible. 6. The Court has considered the contentions raised at the Bar and perused the records. - 6 - HC-KAR NC: 2025:KHC-D:18338 CRP No. 100185 of 2023 7. Admittedly, a decree is passed and partition has taken among Basavanni and his brothers and sisters. The said decree is challenged by the sons of Basavanni’s sister and in the form of a counter claim in the suit filed by the present respondent No.1. 8. It is also noticed that declaration is not sought challenging the partition decree. Under these circumstances, the Court is of the view that the suit filed by the plaintiff is not maintainable in respect of properties allotted to the shares of Basavanni’s brothers and sisters. 9. It is submitted that the application filed by defendant No.10 is contested only by the plaintiff and other defendants have not opposed the application. 10. The counter claim filed by the son of Basavanni’s sister is an independent suit and the same has to be tried in accordance with law. - 7 - HC-KAR NC: 2025:KHC-D:18338 CRP No. 100185 of 2023 11. The Court has the view that the case is made out to hold that suit against the petitioner and all other defendants other than Basavanni is not maintainable. 12. The plaintiff can proceed only against her father and her brother and sisters in respect of the property allotted to the share of her father Basavanni. 13. Though, it is urged that the partial rejection of the plaint is not permissible, in the peculiar facts of the case the Court has to hold that the rejection of the plaint against Basavanni’s brothers and sisters in respect of properties allotted to Basavanni’s brothers and sisters is a complete rejection as against those defendants. 14. In addition, if the plaint is rejected in its entirety the Court has to reserve the liberty to the plaintiff to file a suit against father, mother, brothers and sisters. Thus, instead of rejecting the plaint in its entirety reserving the liberty to file a suit for partition against Basavanni, his wife - 8 - HC-KAR NC: 2025:KHC-D:18338 CRP No. 100185 of 2023 and children, the Court is of the view that liberty is to be reserved to the plaintiff to proceed against Basavanni, his wife and children in respect of the property allotted to the share of Basavanni. Accordingly, the Court passed the following:- ORDER (i) Petition is allowed-in-part. (ii) The plaint in respect of the properties allotted to the share of Basavanni’s brothers and sisters in O.S. No.59/2023 is rejected. (iii) The suit the suit filed by the plaintiff can proceed only against her father, mother, brothers and sisters in respect of the property allotted to the share of Basavanni in O.S. No.59/2023. (iv) However, it is made clear that in case the counter is allowed and partition is set-aside, the plaintiffs are entitled to seek share in the properties to be allotted in the counter claim to the share of the Basavanni. - 9 - HC-KAR NC: 2025:KHC-D:18338 CRP No. 100185 of 2023 (v) It is also made clear that this Court has not expressed on the merits of the counter claim. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS List No.: 1 Sl No.: 58