SHIVASHANKAR Vs. SMT.CHAMPA

JUDGEMENT

(1.) The petitioners/defendants 8 and 9 in OS No.112/2018 on the file of the Principal Senior Civil Judge and CJM, Haveri are before this Court assailing the order dated 30.11.2019 on IA Nos.11 to 13 by which direction to defendants 1 and 4 to produce the documents; to recall the plaintiff's and defendants' witness for further crossexamination by the defendants 8 and 9 and to produce certified copy of the of the documents are rejected.

(2.) Heard the learned counsel for the petitioners/defendants 8 and 9 and perused the writ petition papers. The respondents even though served with notice, are unrepresented.

(3.) Learned counsel for the petitioners would submit that the suit is one for partition and separate possession. The petitioners/defendants 8 and 9 are the purchasers of the suit properties from the defendant No.1. After completion of the evidence of the plaintiff and defendants, the petitioners/defendants 8 and 9 filed three applications. IA No.11 filed under Order XVI Rule 6 of CPC seeking for direction to the defendants 1 and 4 to produce the registered Will executed by husband of the defendant No.1 in favour of defendant No.6 on 19.10.2004 and Deed of Cancellation dated 26.2.2005; IA No.12 filed under Order XVIII Rule 17 of CPC to recall the plaintiff's and defendants' witness for further cross-examination by the defendants 8 and 9 and; IA No.13 filed under Order VIII Rule 1A of CPC seeking permission to produce the certified copy of the Will and cancellation of Will.