P. MARISWAMY Vs. NANJUNDASWAMY

JUDGEMENT

(1.) This petition by the plaintiff in O.S. No.35/2019 on the file of Senior Civil Judge and CJM, Chamarajanagar is directed against the impugned order dtd. 28/2/2023 passed in O.S. No.35/2019 whereby the application - I.As. No.9, 10 and 11 filed by the petitioner - plaintiff for permission to produce additional documents, to reopen the case and to recall P.W.1 for further evidence were rejected by the Trial Court.

(2.) The material on record discloses that the petitioner - plaintiff filed the aforesaid suit against the respondent - defendant for declaration, permanent injunction and other reliefs in relation to suit schedule immovable property. The said suit is being contested by the respondents - defendants who not only filed their written statement disputing the claim of the petitioner - plaintiff but have also filed counter claim against the petitioner - plaintiff who is contesting the counter claim. After the completion of evidence and at the stage of arguments, the petitioner filed the instant applications - I.As. No.9, 10 and 11, which were rejected by the Trial Court by passing the impugned order which is assailed in the present petition.

(3.) Learned counsel for the petitioner submits that if one last opportunity is granted, the petitioner - plaintiff would adduce further evidence and on a date to be fixed by the Trial Court without seeking any adjournment in this regard.