STATE OF KARNATAKA Vs. M. A. MOHAMAD SANAULLA

JUDGEMENT

(1.) Heard Sri. Kiran.V.Ron, learned Additional Advocate General along with Sri. Thejesh.P., HCGP for the petitioners and Sri. Udaya Holla, learned Senior Counsel along with Sri. Chandan Vamshi, learned counsel for the caveator/respondent. Perused the writ petition papers.

(2.) The petitioners-State Authorities, plaintiffs in O.S.No.1424/2006 on the file of the Senior Civil Judge, Devanahalli, Bengaluru Rural District are before this Court, aggrieved by the rejection of I.A.Nos.6, 7 and 8/2023 filed under Sec. 151 of CPC to reopen the stage of suit to lead further evidence of PW2; under Order 18 Rule 17 of CPC; to recall PW.2 to lead further evidence and under Order 7 Rule 14 of CPC to produce additional documents.

(3.) Learned AAG would submit that the suit of the petitioners is to declare that the suit schedule lands and trees are part and parcel of the Buvanahalli Forest Block in Devanahalli Taluk and defendant has no manner of right and title and for consequential injunction. It is submitted that the suit was dismissed on 8/3/2012. Against which, Regular First Appeal No.1287/2012 was filed before this Court, which was also dismissed by judgment dtd. 16/4/2021. Against which, Civil Appeal No.5801/2022 was filed before the Hon'ble Supreme Court of India. It is submitted that the Hon'ble Supreme Court of India by judgment dtd. 20/9/2022 set aside the judgment of the trial Court as well as High Court and remanded the matter to the trial Court for fresh decision after affording an opportunity for leading evidence to the appellant, both documentary and oral and corresponding right of rebuttal to the respondent to lead oral and documentary evidence. Further, it was observed that the trial Court to make endeavour to decide the suit preferably within a year.