LAKSHMAMMA Vs. SUVARNAMMA

JUDGEMENT

(1.) Present petition is filed by the petitioners being aggrieved by the orders dtd. 2/2/2023 passed in O.S.No.874/2014 on I.A.No.37 filed under Sec. 151 of CPC, I.A.No.38 filed under order 18, Rule 17 read with Sec. 151 of CPC and on I.A.No.39 filed under Order 8 Rule 1 and 2 respectively by the Additional Senior Civil Judge and JMFC, Magadi (hereinafter referred to as the 'Trial Court' for short) in and by which, the Trial Court has rejected the aforesaid three applications.

(2.) Sri. Mallikarjun N.K, learned counsel for Sri.Sampath A, for the petitioners reiterating the grounds urged in the memorandum of petition submits that the aforesaid applications were necessitated in view of they discovering the death certificate of deceased Magada Hanumaiah whose estate the parties are fighting for. It is their contention that in the death certificate sought to be produced as additional document the date of the death is shown as 16/5/1962 while in the death certificate already produced by plaintiffs at Ex.P.2 the date of the death of death of Sri. Magada Hanumaiah is shown as 15/10/1964. The Trial Court rejected the said applications on the premise that when the petitioners herein had opportunity they did not utilise the same and when the matter is set down for arguments of the defendants, the petitioners are seeking to reopen the case with only intention to delay the proceedings.

(3.) Sri. Nagaraja S, learned counsel for the respondent Nos.1 to 3 justifying the order passed by the Trial Court submits that very perusal of the contents of the document sough to be produced in comparison with the Ex.P2 already produced by the respondent would reveal that the said document is unreliable. He submits that date of registration of the death as found in the document sought to be produced is of the year 1962 while the date of registration of the death certificate as found in the Ex.P2 is 8/7/2015 that there was no possibility of registering death in the year 1962. Therefore, he submits that the present petition is filed only to drag the proceedings causing undue hardship. Hence, seeks for dismissal of the petition.