G. BHARATHI W/O. MANIGANGAPPA AND OTHERS Vs. SRI MUNIGANAPPA S/O. LATE LAKKAPPA, BANK OF BARODA (A BODY CORPORATE CONSTITUTED UNDER THE BANKING COMPANIES ACQUISITION AND TRANSFER OF UNDERTAKING ACT) 1970 REPRESENTED BY ITS CHIEF MANAGER SRI SUND

JUDGEMENT

(1.) PETITIONERS /Plaintiffs have instituted suit against Respondents/Defendants for partition and separate possession in respect of plaint "A" & "B" schedule properties. Defendants have filed written statement and have contested the suit claim. Issues were framed on 10.02.1999. Trial took place. On 07.12.2009, the suit was posted for hearing of the arguments. At the behest of the Defendants, the case was re -opened and posted for further evidence of the Defendants. The Defendants adduced evidence. Cross -examination of DW -4 was completed on 07.08.2010. At that stage, the Plaintiffs filed I.As 11 to 13 to re -open the case of Plaintiffs and seeking leave to produce certified copies of 4 documents and for recalling of PW -1 to adduce further evidence. Objection statement was filed by Defendants 2 & 5. Upon consideration, the trial court having found that the parties are not diligent in prosecuting the matter and the documents sought to be produced could have been produced even earlier and that the translated version of the documents has also not been filed and that the suit could be disposed of without reference to the said controversy in view of the pleading on record, has arrived at the conclusion that the applications have been filed only to drag on the proceedings and as a result, dismissed the same with costs. Defendants evidence was taken as closed and the suit was posted for hearing of arguments. Aggrieved, the Plaintiffs have filed this writ petition.

(2.) HEARD the learned Counsel on both sides and perused the writ papers.