N.UDAYA SHANKAR Vs. P. PILLA REDDY

JUDGEMENT

(1.) Heard the learned counsel Ms.Parvathy R. Nair for petitioners, learned counsel Sri.Sunil S. Rao, and Ms.Divya.N., for respondent Nos.1 to 3 and learned counsel Sri.B.V.Malla Reddy for respondent Nos.37, 46 and 47. Perused the writ petition papers.

(2.) Learned counsel for the petitioners would submit that petitioners/defendant Nos.34(a) to 34(d) in O.S.No.6645/2005 on the file of the XLIII Additional City Civil and Sessions Judge, Bengaluru (for short, 'Trial Court') are before this Court under Article 227 of the Constitution of India, questioning the correctness and legality of order dtd. 26/6/2023 on I.A.Nos.3 and 4 by which petitioners' request to re-open and to lead further evidence of petitioners is rejected.

(3.) Learned counsel for the petitioners would submit that petitioners/defendant Nos.34(a) to 34(d) have not led their evidence and the Trial Court without providing any opportunity to lead evidence on their behalf, posted the suit for arguments. Learned counsel would submit that the petitioners/defendant Nos.34(a) to 34(d) prays for an opportunity to lead their evidence.