ASHOK Vs. KALAVVA

JUDGEMENT

(1.) The petitioner-defendant No.1 in O.S.No.24/2019 on the file of the Senior Civil Judge, Gokak is before this Court assailing the order dated 16.01.2020 passed on I.A.No.6.

(2.) The respondent No.1-plaintiff filed suit in O.S.No.24/2019 for partition. The petitioner-defendant No.1 filed an application under Order 16 Rule 6 read with Section 151 of CPC seeking for a direction to the P.D.O. of Koujalagi Gram Panchayat to produce property extracts of property No.571 and 569/3 of Koujalagi Gram Panchayat. In the affidavit accompanying the application, it is stated that the plaintiff has not brought all the properties of the family for partition which is fatal to the case of the plaintiff. Hence, defendant No.1 had made an application to the P.D.O., Koujalagi Gram Panchayat for providing property extracts of property bearing No.571 and 569/3, which was not answered. Hence, the defendant No.1 made I.A.No.6, which was opposed by the plaintiff by filing objection. The trial Court under the impugned order rejected I.A.No.6. Hence, the present writ petition.

(3.) Heard the learned counsel for the petitioner and perused the writ petition papers.