GANGABYRAIAH Vs. HONNADASEGOWDA

JUDGEMENT

(1.) Petitioners in O.S.No.19/2015 on the file of the Civil Judge (Sr.Dn.) and CJM at Tumkur are before this Court under Article 227 of the Constitution of India praying to quash the order dated 13.02.2020 by which, the applications filed for amendment of written statement, recall and reopen and for production of documents are rejected.

(2.) Heard the learned counsel for the petitioners/ defendants and learned counsel for the respondents/ plaintiffs. Perused the writ petition papers.

(3.) The suit is one for cancellation of compromise decree dated 19.01.2014 in O.S.No.284/2014 filed for declaration of plaintiffs' title and possession and consequential relief of permanent injunction. When the matter was at the stage of arguments, the petitioners/defendants filed 5 applications, one under Order VI Rule 17 of CPC to amend the written statement to properly indicate the Genealogical tree; application under Section 151 of CPC to reopen the case for further chief of DW.1; application under Order 18 Rule 17 of CPC to recall D.W.1 for further examination; and two applications under Order VIII Rule 1(A) of CPC for production of documents.