SRI. FIAZ AHMED, AGED ABOUT 55 YEARS, S/O SRI. SYED ABDUL HAMID, (BENEFIT OF SENIOR CITIZEN NOT CLAIMED) Vs. SRI. AJAZ AHMED S/O LATE FAYAZ AHMED, PROPRIETOR OF NATIONAL CONSTRUCTIONS, NO. 503, 21ST CROSS, 1ST BLOCK , R.T. NAGAR, BANGALORE

JUDGEMENT

(1.) These writ petitions are listed for preliminary hearing in "B" Group along with an application (I.A. No. 1/16) filed by the respondent for vacating the interim order dated 05/01/2016 granted by this court and subsequently extended on various dates.

(2.) The petitioners herein are defendant Nos. 1 and 2 in O.S. No. 7685/201 That suit has been filed by the respondent/plaintiff seeking recovery of a sum of Rs.4,32,069.00 along with interest at the rate of 12% p.a. on damages. After the filing of the written statement issues were framed by the trial court. Thereafter, the plaintiff examined himself as PW.l. At the stage of his cross-examination, two applications were filed by the plaintiff: one, under Order 6, Rule 17 read with Sec. 151 of the Code of Civil Procedure, 1908, (CPC) and the other, under Order 7, Rule 14 (3) read with Sec. 151 of the CPC. By the impugned order dated 27/08/2015, the said applications have been allowed. Being aggrieved by the same, defendants in the suit have preferred these writ petitions.

(3.) I have heard learned counsel for the petitioners and learned counsel for the respondent and perused the material on record as well as the original documents which have been summoned from the trial Court.