HANUMAPPA Vs. NARAYANAPPA

JUDGEMENT

(1.) W.P.No.12561/2020 is filed by the plaintiff in O.S.No.271/2011 on the file of the Principal Civil Judge (Jr. Dvn.), Madhugiri, challenging an order dtd. 18/2/2020 passed therein, by which an application filed under Order XVIII Rule 17 of Code of Civil Procedure, 1908 (henceforth referred to as 'CPC' for short) to recall PW1 for further evidence was rejected.

(2.) W.P.No.52874/2016 is filed by the plaintiff in the aforesaid suit, challenging an order dtd. 3/9/2016 passed therein, by which an application filed by the defendant No.2 under Order VI Rule 17 of CPC was allowed.

(3.) The suit in O.S.No.271/2011 was filed for a declaration that the plaintiff is the owner of the suit properties and for perpetual injunction restraining the defendants from interfering with his possession. The plaintiff claimed that the suit properties were purchased by his father and after his death, the plaintiff had succeeded to the same. He claimed that the defendants were strangers to the suit properties.