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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 09^th DAY OF DECEMBER, 2021

BEFORE

THE HON’BLE MR.JUSTICE M.G.S.KAMAL

CRP.NO.200003/2021

BETWEEN:

1.

SYED ABDUL BARI S/O SYED WAJID KHAMAR,

AGE: 52 YEARS, OCC: AGRICULTURE,

R/O: H.NO.13-131, BIBI GALLI,

HUMNABAD, BIDAR-585330.

2.

SYED ABDUL BASITH OMER S/O SYED WAJID KHAMAR,

AGE: 54 YEARS, OCC: AGRICULTURE,

R/O: H.NO.13-131, BIBI GALLI,

HUMNABAD, BIDAR-585330.

3.

SYED ABDUL WAHAB ZEESHAN S/O SYED WAJID KHAMAR,

AGE: 28 YEARS, OCC: BUSINESS,

R/O: H.NO.13-131, BIBI GALLI,

HUMNABAD, BIDAR-585330.

... PETITIONERS

(BY SRI.D.P.AMBEKAR, ADVOCATE)

AND:

1.

SYED IMRAN S/O SYED MAISLIUDDIN,

AGE: 32 YEARS, OCC: AGRICULTURE,

R/O: NANDGAON VILLAGE, TQ. HUMNABAD,

DIST. BIDAR-585330.

R

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2.

SYED MAISLIUDDIN S/O OSMANSAB,

AGE: 67 YEARS, OCC: AGRICULTURE,

R/O: NANDGAON VILLAGE, TQ. HUMNABAD,

DIST. BIDAR-585330.

3.

THE CHIEF OFFICER,

TMC, HUMNABAD, DIST. BIDAR-585330.

4.

VASANT S/O CHANDRAPPA PATIL,

AGE: 55 YEARS, OCC: AGRICULTURE,

R/O: SHIVAPUR GALLI, HUMNABAD,

DIST: BIDAR-585330.

5.

MALLAPPA S/O SHARANAPPA,

AGE: 44 YEARS, OCC: AGRICULTURE,

R/O: SHIVAPUR GALLI, HUMNABAD,

DIST. BIDAR-585330.

6.

LINGRAJ S/O BASAVARAJ,

AGE: 48 YEARS, OCC: AGRICULTURE,

R/O: SHIVAPUR GALLI, HUMNABAD,

DIST. BIDAR-585330.

7.

RAJAPA S/O GUNDAPPA,

AGE: 47 YEARS, OCC: AGRICULTURE,

R/O: SHIVAPUR GALLI, HUMNABAD,

DIST. BIDAR-585330.

8.

M.A.SAMAD S/O M.A.BASID,

AGE: 57 YEARS, OCC: AGRI. & BUSINESS,

R/O: P & T QUARTERS, HUMNABAD,

DIST. BIDAR-585330.

9.

SHIVAKANTA W/O JAGANATH,

AGE: 38 YEARS, OCC: HOUSEHOLD & AGRICULTURE,

R/O :OPP. KEB, HUMNABAD,

DIST. BIDAR-585330.

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10.

SYED TAHER ALI S/O SYED AZAM ALI,

AGE: 51 YEARS, OCC: AGRICULTURE,

R/O: NANDGAON VILLAGE, TQ. HUMNABAD,

DIST. BIDAR-585330.

... RESPONDENTS

(BY SRI.AMEET KUMAR DESHPANDE, ADV., FOR R1 & R2;

NOTICE TO R4 TO R7 & R9 DISPENSED WITH V/O DATED

04.10.2021;

R8 & R10 ARE SERVED)

THIS CRP IS FILED UNDER SECTION 115 OF THE CODE OF

CIVIL PROCEDURE PRAYING TO CALL FOR RECORDS IN

O.S.NO.17/2019 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE &

JMFC AT HUMNABAD, SET ASIDE THE ORDER DATED 09.11.2020

VIDE ANNEXURE-B, WHEREIN THE LEARNED TRIAL JUDGE HAS

DISMISSED THE SUIT OF THE PLAINTIFFS AND RESTORE THE

SUIT TO ITS ORIGINAL FILE AND NUMBER BY ALLOWING THIS

REVISION PETITION.

THIS PETITION BEING HEARD AND RESERVED FOR

ORDERS, COMING ON FOR PRONOUNCEMENT OF ORDERS, THIS

DAY, THE COURT MADE THE FOLLOWING:-

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O R D E R

The present civil revision petition under Section 115 of

the Code of Civil Procedure (henceforth referred as 'CPC') is

filed by the petitioners/original plaintiffs No.5, 7 and 9,

aggrieved by the order dated 09.11.2020 passed by the

learned Principal Civil Judge and JMFC at Humnabad (for

short the 'Trial Court') in O.S.No.17/2019, by which the Trial

court dismissed the suit filed under Order I Rule 8 of CPC as

withdrawn upon a memo filed by the respondent Nos.1 and

2/original plaintiffs No.6 and 10.

02.

The brief facts leading up to filing of the present

petition are that the petitioners the respondents No.4 to 10

herein who were the original plaintiffs invoking the

provisions of Order I Rule 8 of CPC had filed the above suit

in O.S.No.17/2009 against the respondents No.1, 2 and 3

herein who were the defendants in the said suit for relief of

declaration to declare that the plaintiffs have got right of

way as an easement of necessity on the suit way, which is

15 ft. wide road, passing in between the plot Nos.7 to 10

and 11 to 13 situated in land bearing Survey No.175 of

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Humnabad town as shown in the suit schedule 'A' property

and also for permanent injunction restraining them from

causing illegal interference in the suit property and for

mandatory injunction to dismantle and remove the illegal

construction of function hall on t