GIRIJA SIDDAPPA Vs. MARAPPA

JUDGEMENT

(1.) This petition by the plaintiff in O.S.No.14/2014 on the file of the I Additional Civil Judge, Bengaluru Rural District (for short "the Trial Court") is directed against the impugned order dtd. 14/10/2022 passed on I.A.No.1/2021, whereby the said application filed by the petitioner-plaintiff under Order 16 Rules 1 and 2 CPC for permission to adduce evidence of one Sri. K. Vishwanatha 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 instituted the aforesaid suit for permanent injunction and other reliefs against the respondents-defendants in relation to the suit schedule immovable properties. It is seen that though the respondents-defendants initially filed written statement, after the petitioner-plaintiff adducing oral and documentary evidence, the respondents did not chose to cross-examine the petitioner-plaintiff (PW.1). So also, the respondents-defendants did not adduce any oral or documentary evidence in support of their evidence. During the pendency of the suit, the petitioner-plaintiff filed the instant application, I.A.No.1/2021 for permission to adduce evidence of one Sri. K. Vishwanatha. Though the said application was not contested and opposed by the respondents-defendants, the Trial Court proceeded to pass the impugned order rejecting the application, aggrieved by which the petitioner is before this Court by way of the present petition.