SHIVAYYA Vs. THIMMAKKA

JUDGEMENT

(1.) The petitioner has filed the instant writ petition with a prayer to quash the order at Annexure-L dtd. 21/6/2022 passed by the learned Additional Civil Judge and JMFC-III, Raichur on IAs-23 to 25 in OS No.263/2014.

(2.) Heard the learned counsel for the petitioner as well as the learned counsel appearing for the caveator - respondent No.3.

(3.) Brief facts of the case as revealed from the records that would be necessary for the purpose of disposal of this writ petition are that the petitioner herein had filed O.S.No.263/2014 before the Court of Addl. Civil Judge and JMFC-III, Raichur against the respondents seeking for the relief of declaration that he is the absolute owner of the suit property having purchased the same from one Smt.Narasamma under a registered sale deed dtd. 19/2/1994. In the said suit the defendants have filed their written statements denying the plaint averments and the defendant No.3 has set up a title for himself on the ground that he has purchased the suit property from the defendant No.2. The Trial Court based on the rival pleadings has farmed the issues and recording of evidence in the suit was completed and even the final arguments were addressed before the Trial Court on the merits of the case. At this stage, the present applications IAs-23 to 25 were filed by the plaintiff with a prayer to reopen the case, recall PW.1 and also permit the plaintiff to produce additional documents. The said applications were opposed by the defendants and the Trial Court vide the order impugned has dismissed the said applications. Being aggrieved by the same, the petitioner is before this Court.