KRISHNAPPA Vs. MUNIVENKATAPPA

JUDGEMENT

(1.) This petition by defendant no.2 in O.S.No.182/2009 on the file of Addl. Senior Civil Judge & JMFC, Doddaballapura is directed against the impugned order on the application filed by respondent no.1-defendant no.1 under Order XVIII Rule 17 of CPC to recall DW1 for cross-examination.

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

(3.) The material on record discloses that respondent no.2 to 5 - plaintiffs instituted the aforesaid suit for partition and separate possession of their alleged share in the suit schedule immovable properties and other reliefs. In this context, it is relevant to state that plaint schedule properties comprise of 5 items of immovable properties. The petitioner, who was arrayed as defendant no.2 in the suit has filed his written statement opposing the claim in respect of item nos.1 to 3 of the plaint schedule property while respondent no.1 - defendant no.1 has supported the claim of the plaintiffs and contended that he is also entitled to share in the suit schedule properties. Under these circumstance, respondent no.1- defendant no.1 filed instant application seeking recall of petitioner - DW1 for cross-examination and the same having been allowed by the Trial Court, the petitioner is before this Court by way of present petition.