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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
S.R.KRISHNA KUMAR, C.M.POONACHA
Gajendra @ Gajendranath S/o. Gurappa Agasimani – Appellant
Versus
Vidya, W/o. Vittappa Hosamani – Respondent
JUDGMENT :
S.R. KRISHNA KUMAR, J.
The unsuccessful plaintiff in OS No.301/2024 is before this Court, aggrieved by the impugned order on preliminary issue dated 03.07.2025 passed by the IV Additional Senior Civil Judge and JMFC., Belagavi, [Hereinafter for short ‘trial Court’], whereby the trial Court held/answered the preliminary issue as against the appellant-plaintiff and consequently proceeded to dismiss the suit on the ground that the plaint did not disclose any cause of action in favour of the appellant-plaintiff to file and prosecute the suit.
2. Heard learned counsel for the appellant and learned counsel for caveator-respondent No.1. For the order proposed, notice to the remaining respondents is dispensed with since both the learned counsel for the appellant and learned counsel for respondent No.1-caveator submits that the matter can be taken up for final disposal at the stage of admission. Both the counsels have produced the records of the trial Court to enable final disposal of the present appeal.
3. The brief facts given raise to the present appeal are as under:
The appellant and respondent Nos.1 and 2 are the children of late Gurappa Agasimani and late Smt.Mahadevi. The respo
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