LALSAB Vs. FAKIRSAB ALIAS FAKIRAPPA

JUDGEMENT

(1.) THE plaintiff filed the above writ petitions against the order dated 20.02.2015 on I.A. Nos.5 to 7 made in O.S. No.299/2008, on the file of the Additional Civil Judge and J.M.F.C., Hunagund, rejecting the applications.

(2.) IT is the case of the petitioner that he has filed O.S. No.299/2008 before the Additional Civil Judge and J.M.F.C., Hunagund, for declaration and consequential relief of injunction against the respondent/defendant. In pursuance of the notice issued by the trial court, respondent appeared through an advocate and filed written statement, denying the entire plaint averments. When the matter was posted for further evidence of defendant, the plaintiff filed three applications; namely

(3.) THE said applications were resisted by the defendant by filing objections and after considering all the applications together, the learned Civil Judge, by his impugned order, has rejected the said applications holding that the present applications are nothing but dragging the proceedings, since, the matter was dragged for more than seven years. Therefore, if these applications are allowed, the same will amount to denova trial and it will consume much time by the Court, by that time the matter will further become older and this is not the aim of the Code of Civil Procedure. Against the said order, the present writ petitions are filed.