N. RAJANNA Vs. CHIKKASONNAPPA

JUDGEMENT

(1.) The defendant No.3 has filed the present petition and has sought for setting aside the order passed on I.A.Nos. 16 and 17 whereby the applications filed by defendant No.3 to recall P.W.1 and to reopen the case and permit defendant No.3 to cross-examine P.W.1, have been rejected.

(2.) Petitioner submits that applications have been filed in light of the subsequent events and in particular, in light of the objections filed by the legal heirs of plaintiff wherein at paragraph No.2 there is a reference that the daughters of deceased plaintiff had executed a release deed in respect of the suit properties are concerned. It is further asserted that there are subsequent developments which have taken place in the case regarding which further cross-examination of P.W.1 is required. It is pointed out that on 10/11/2021, a gift deed was executed in favour of Smt. Shantamma by defendants 1 and 2 which would have a bearing on the main matter.

(3.) The trial Court has rejected the said applications noticing that cross-examination had been completed at an earlier point of time and P.W.1 was fully cross-examined and there are no reasons to allow the said applications.