VEERANAGOUDA Vs. ARAVIND

JUDGEMENT

(1.) This petition by the plaintiffs in O.S. No.35/2012 on the file of the Senior Civil Judge & JMFC, Hirekerur, is directed against the impugned order dtd. 22/4/2016 passed on I.A. Nos.39 to 41 whereby the said applications filed by the petitioners for permission to adduce further evidence by reopening the case and for permission to produce the list of additional witnesses were rejected by the Trial Court.

(2.) Heard the learned counsel for the petitioners and the learned counsel for the respondents No.1 to 6.

(3.) The material on record discloses that the petitioners-plaintiffs instituted the aforesaid suit against the respondents-defendants for declaration and permanent injunction and other reliefs in relation to the suit schedule property. The suit is being contested by the respondents/defendants. After completion of evidence on both sides, the petitioners/plaintiffs filed the instant applications for permission to adduce further evidence by producing the additional list of witnesses on the ground that due to ill-health they could not do so on the earlier occasion and the proposed additional evidence was relevant and necessary for adjudication of the claim of the plaintiffs. The said applications having been opposed by the respondents/defendants, the Trial Court proceeded to pass the impugned order rejecting the application by placing reliance upon the directions issued by this Court and, as such, the petitioners were unnecessarily protracting the proceedings. Though the plaintiffs have sought for adducing further evidence at a belated stage when the matter is set down for final arguments, in order to provide one more opportunity to the petitioners- plaintiffs and by adopting justice oriented approach, I deem it just and appropriate to set aside the impugned order allow the applications subject to the condition that the petitioners-plaintiffs shall adduce further evidence on the date to be fixed by the Trial Court in this regard.