HAJARATSAB Vs. SHIVALINGAYYA

JUDGEMENT

(1.) Petitioners filed this writ petition being aggrieved by the order dtd. 15/9/2020 passed on I.A.No.VI in O.S.No.122/2019 by the I Additional Senior Civil Judge, Gokak.

(2.) Brief facts leading to the filing of this writ petition are as under: Respondent has filed a suit in O.S.No.122/2019 for the relief of specific performance of contract against the petitioners. Petitioners filed written statement. The trial Court framed issues and respondent was examined as P.W.1. The petitioners cross-examined P.W.1 and the evidence of P.W.1 was completed. Thereafter, petitioners filed an application in I.A.No.VI for recall of P.W.1 for the purpose of further cross-examination in respect of his family background. The said application was opposed by the respondent by filing objections. The trial Court after hearing the parties rejected the said application. Hence, this writ petition.

(3.) Heard the learned counsel for the petitioners and learned counsel for the respondent.