R. KRISHNAPPA Vs. R. KRISHANAPPA

JUDGEMENT

(1.) The defendant Nos.1 and 2 in O.S No.1418/2015 on the file of the XIV Additional City Civil and Sessions Judge, Bangalore, have filed this petition challenging the validity of the order dtd. 18/7/2024, by which, an applications filed by them (I.A.Nos.15 and 16) under Sec. 151 of CPC to recall the stage of the suit and under Order 18 Rule 17 of CPC to recall PW-1 for further cross-examination was rejected.

(2.) The suit in O.S.No.1418/2015 was filed for perpetual injunction in respect of a house property. The plaintiff claimed title to the suit property by virtue of a decree in O.S.No.8353/2011 dtd. 24/2/2012. The plaintiff claimed that the said final decree was registered on 25/2/2012. He claimed that he was in possession of the suit property ever since then the alleged that the defendants were interfering with his possession and therefore sought relief of perpetual injunction.

(3.) The defendant Nos.1 to 5 filed a detailed written statement, inter alia, denying the claim of the plaintiff. They also alleged that the decree passed in O.S.No.8353/2011 was a collusive and fraudulent decree by including their property.