IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29^TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL REVISION PETITION NO. 100182 OF 2022 BETWEEN:

1. SANNAMALLA S/O. CHANNAMALLAYYA GUGIKOLLMATH, AGE: 49 YEARS, OCC. AGRICULTURE, R/O. GUGIKOLL, TQ. GOKAK, DIST. BELAGAVI-591307.

2. CHANNAMALLAYYA GUGIKOLLMATH AGE: 61 YEARS, OCC. AGRICULTURE, R/O. GUGIKOLLL, TQ. GOKAK, DIST. BELAGAVI-591307.

3. MALLAYYA S/O. PARAWAYYA GUGIKOLLMATH, AGE: 66 YEARS, OCC. AGRICULTURE, R/O. GUGIKOLL, TQ. GOKAK, MANJANNA E DIST. BELAGAVI-591307.

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AND:

1. SHOBA S/O. VIJAY GUGIKOLLMATH, AGE: 66 YEARS, OCC. AGRICULTURE, R/O. GUGIKOLL, TQ. GOKAK, DIST. BELAGAVI-591307.

CHANNAMMALLAYYA SANNAMALLYYA GUGIKOLLMATH SINCE DIED BY LRS., 2. DODDAMALLAYYA S/O. CHANNAMALLAYYA GUGIKOLLMATH, AGE: 66 YEARS, OCC. AGRICULTURE, R/O. GUGIKOLL, TQ. GOKAK, DIST. BELAGAVI-591307.

3. SHRISAYYA S/O. CHANNAMMALLAYYA GUGIKOLLMATH, AGE: 51 YEARS, OCC. AGRICULTURE, R/O. GUGIKOLL, TQ. GOKAK, DIST. BELAGAVI-591307.

4. SHIVAYYA S/O. CHANNAMMALLAYYA GUGIKOLLMATH, AGE: 46 YEARS, OCC. AGRICULTURE, R/O. GUGIKOLL, TQ. GOKAK, DIST. BELAGAVI-591307.

5. BASAVARAJ S/O. CHANNAMALLAYYA GUGIKOLLMATH, AGE: 66 YEARS, OCC. AGRICULTURE, R/O. GUGIKOLL, TQ. GOKAK, DIST. BELAGAVI-591307.

6. CHANAPARAYYA S/O. BASAYYA GUGIKOLLMATH, AGE: 49 YEARS, OCC. AGRICULTURE, R/O. GUGIKOLL, TQ. GOKAK, DIST. BELAGAVI-591307. 7. DODDASHIEASAYYA S/O. MUDIMALLAYYA GUGIKOLLMATH AGE: 66 YEARS, OCC. AGRICULTURE, R/O. GUGIKOLL, TQ. GOKAK, DIST. BELAGAVI-591307.

SHIVALINGAYYA SANNAMALLAYYA GUGIKOLLMATH SINC DIED BY LRS., 8. MALLAYYA S/O. SHIVALINGAYYA GUGIKOLLMATH, AGE: 51 YEARS, OCC. AGRICULTURE, R/O. GUGIKOLL, TQ. GOKAK, DIST. BELAGAVI-591307.

9. SHENKRAYYA S/O. SHIVALINGAYYA GUGIKOLLMATH, AGE: 49 YEARS, OCC. AGRICULTURE, R/O. GUGIKOLL, TQ. GOKAK, DIST. BELAGAVI-591307.

10. BALAYYA S/O. SHIVALINGAYYA GUGIKOLLMATH, AGE: 36 YEARS, OCC. AGRICULTURE, R/O. GUGIKOLL, TQ. GOKAK, DIST. BELAGAVI-591307.

…RESPONDENTS (BY SRI. S.R.KAMATE, ADVOCATE FOR C/R1;

R2 AND R3-NOTICE DISPENSED WITH;

R4 TO R10-SERVED AND UNREPRESENTED)

THIS CRP IS FILED UNDER SEC.115 OF CPC, PRAYING TO SET ASIDE THE ORDER ON PRELIMINARY ISSUE DATED 03.11.2022 PASSED IN OS NO. 317/2011 BY THE PRINCIPAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, GOKAK,THIS REVISION PETITION MAY KINDLY BE ALLOWED IN THE INTEREST OF JUSTICE AND EQUITY.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER (PER: THE HON'BLE MR. JUSTICE E.S.INDIRESH)

Heard the learned counsel appearing for the parties.

2. Petitioners herein are defendant Nos.1(B), 2 and 5, challenging the order dated 03.11.2022 in OS No.317/2011 on the file of Principal Civil Judge and JMFC, Gokak (for short, hereinafter referred to as ‘Trial Court’), on a preliminary issue as to maintainability of the suit.

3. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court.

4. The plaintiff has filed OS No.317/2011 against the defendants seeking relief of permanent injunction, restraining the defendants or their agents from disturbing the Pooja of Shri Mallikarjun Dev of Gugikoll village.

5. The suit was resisted by the defendants by filing written statement.

6. The Trial Court framed issues for its consideration.

In the meanwhile, the contesting defendants have filed WP No.105823/2015 before this Court to quash the proceedings in OS No.317/2011 on the ground that the suit itself is not maintainable and this Court vide order dated 17.07.2015, directed the parties to file appropriate application under the provisions of Code of Civil Procedure. Thereafter, the application filed by the defendants in IA No.2 under Order VII Rule 11(d) of CPC seeking rejection of the plaint came to be dismissed and same was questioned b