PARVATHAMMA Vs. H K BALAKRISHNA

JUDGEMENT

(1.) The plaintiffs in O.S. No. 123/2017 on the file of the Civil Judge and JMFC, Sakaleshpura, have filed this writ petition challenging an order dtd. 27/1/2020, by which applications filed by plaintiff No.2 to recall PW.2 for further chief-examination and to recall the stage of the suit for further examination of the witnesses and to recall DW.1 for further cross-examination were rejected.

(2.) The parties shall henceforth be referred to as they were arrayed before the Trial Court.

(3.) The suit in O.S.No.123/2017 was filed for perpetual injunction in respect of agricultural land in Sy.Nos.160/1, 160/2 and 160/3 of Hethur Village, Sakaleshpura Taluk. The suit was contested by the defendant, who denied the possession and title of the plaintiffs to the suit property. The suit was set down for trial and when the case was listed for arguments, the plaintiff No.2 filed applications under Sec. 151 of Code of Civil Procedure, 1908, to reopen the stage of the suit for examination of witnesses for the plaintiff No.2 and to further cross-examine DW.1. The Trial Court held that the plaintiffs were unduly delaying the suit and had filed the applications long after the evidence was concluded. It held that despite granting adequate time, the plaintiffs did not adduce further evidence and the case was listed for evidence of the defendant on 16/8/2019 and on 20/9/2019, DW.1 was fully cross-examined. It noticed that the plaintiff No.2 had filed applications on 30/11/2019 to reopen the case and to recall the stage of the suit for further evidence of plaintiffs' witnesses and to recall DW.1 for further cross-examination. On 13/12/2019, the plaintiff No.2 filed a memo stating that he would not press the applications filed on 30/11/2019. It held that later applications were filed to recall the stage of the suit for further evidence of the plaintiff No.2 and to recall DW.1 for cross-examination, hence rejected the applications. Being aggrieved by the said order, the present writ petition is filed.