M. NAGARAJ, S/O. LATE MUNINANJAPPA AND SRI M. BASAVARAJ, S/O. LATE MUNINANJAPPA Vs. SRI N. VENKATASWAMAPPA, S/O. LATE NARAYANAPPA

JUDGEMENT

(1.) PETITIONERS have filed suit against the Respondent; for the relief of permanent injunction contending that, the suit schedule property is their ancestral property and the Defendant has no right to interfere with its possession and enjoyment by them. The Respondent by filing written statement has contested the claim made in the suit by the Petitioners.

(2.) ISSUES having been framed, trial of the suit commenced on 2.12.2008. P.W.1 was cross examined on 9.12.2008 and the suit was posted for the evidence of the Defendant on 8.3.2009.

(3.) SRI A. Madhusudhana Rao, learned Counsel appearing for the Petitioners contended that, the application having been filed after commencement of trial and there being no due diligence shown on the part of the applicant/Respondent, the Trial Court has committed error and illegality in allowing I.A.13. Learned Counsel further submits that, on account of the belated application filed, that too, after the Plaintiffs have closed their side of evidence irremediai prejudice would occasion to the Petitioners which fact has not been considered by the Trial Court.