ELLAMMA ALIAS YELLAMMA Vs. VENKATESHAPPA

JUDGEMENT

(1.) PETITIONER in the plaintiff in O.S.No.273 of 2002 on the file of the Principal Civil Judge (Junior Division), Malur. Being aggrieved by the order dated 5-3-2009 made on O.A.No.9 filed under Order 18, Rule 17 of the Civil Procedure Code, 1908 seeking permission to cross-examine D.W.1, petitioner has filed this writ petition.

(2.) THE petitioner filed a suit in O.S.No.273 of 2002 seeking for permanent injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the suit schedule property. Pursuant to the notice issued by Civil Judge (Senior Division), Malur the first defendant filed written statement and denied the plaint averments. On the basis of the pleadings, necessary issues have been framed and the trial has been commenced,. THE plaintiff examined herself through her power of attorney holder and he was duly cross-examined by the defendants. THE plaintiff examined the D.W.1 in part on 27-8-2008 and the matter was adjourned to 5-9-2008 for further cross-examination of D.W.1. On that day, neither the plaintiff nor his Advocate was present before the Court and the matter was adjourned to 24-9-2008 for further evidence. On 24-9-2008, the plaintiff filed an application I.A.No.9 under Order 18, Rule 17 of CPC seeking permission to cross-examine D.W.1. On that day, the matter was adjourned to enable the first defendant to file objections to the said application. THE defendant filed objections to the said application on 30-9-2008. Arguments were heard on I.A.No.9 on 17-10-2008. However, an order was pronounced on 5-3-2009 rejecting the application filed by the plaintiff on the ground that though sufficient opportunity was granted on the ground that though sufficient opportunity was granted to the plaintiff, the same was not made use of by the plaintiff. Being aggrieved by the order dated 5-3-2009 made on I.A.No.9 the plaintiff filed the present writ petition.

(3.) I have carefully gone through the arguments addressed by the learned Counsel for both the parties and perused the order dated 5-3-2009 and also the order sheet.