SHIVAMOORTHY A. S. Vs. LAXMAMMA

JUDGEMENT

(1.) This petition by plaintiff No.2 in O.S.No.1024/2014 on the file of the V Addl. Civil Judge & JMFC, Mangalore, is directed against the impugned order dtd. 11/1/2023 passed on I.A.No.XXI whereby the said application filed by the petitioner - plaintiff No.2 under Order 18 Rule 17 CPC to reopen the case and permit the petitioner - plaintiff No.2 to adduce evidence on additional issue Nos.5 and 6 was rejected by the trial Court.

(2.) Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record.

(3.) The material on record discloses that the petitioner - plaintiff No.2 along with respondent No.4 - plaintiff No.1 instituted the aforesaid suit against the defendants for partition and separate possession of their alleged share in the suit schedule immovable properties and for other reliefs. The said suit is being contested by the defendants.