SRI P. RAJESHWARI Vs. SMT. B S LALITHA

JUDGEMENT

(1.) The petitioners are before this Court under Article 227 of the Constitution of India, assailing the common order dated 31.10.2018 passed on I.A.Nos.14 to 23 in O.S.No.2227/2009 on the file of Additional City Civil Court, Bangalore.

(2.) The petitioners are defendant Nos.6 and 9 and respondents 1 to 3 are plaintiffs and respondents 4 to 10 are defendants 1 to 5, 7 and 8 in O.S.No.2227/2009 filed for partition and separate possession of 1/6th share each in schedule A, C and D properties. Defendants 6 and 9 filed applications I.A.Nos.14 to 23. I.A.No.14 is filed under Section 151 of CPC to recall the order dated 26.10.2018 and seeking permission to adduce their evidence. I.A.No.15 is filed under Section 151 of CPC to re-open the case and permit them to adduce their evidence. I.A.Nos.16 and 17 are filed under Order XVIII Rule 17 of CPC seeking to recall the order dated 22.10.2018 and to reopen the case and permit defendants 6 and 9 to cross-examine DW.1. I.A.No.18 is filed under Order 18 Rule 17 of CPC to recall the order dated 22.10.2018 and permit defendant Nos.6 and 9 to cross-examine DW.3. I.A.No.19 is filed under Order XVIII Rule 17 of CPC to reopen the case and permit to cross-examine DW.3. I.A.No.20 is filed under Order XVIII Rule 17 of CPC to recall the order dated 25.10.2018 and permit the defendants 6 and 9 to cross- examine DW.4. I.A.No.21 is filed under Order XVIII Rule 17 of CPC to reopen the case and permit to cross- examine DW.4. I.A.No.22 is filed under Order XVIII Rule 17 of CPC to recall the order dated 25.10.2018 and permit to cross examine DW.5. I.A.No.23 is filed under Order XVIII Rule 17 of CPC to reopen the case and permit to cross-examine DW.5. The trial Court on consideration of all the above applications by common order dated 31.10.2018 rejected the said applications, which order is impugned in these writ petitions.

(3.) Heard the learned counsel for the petitioners as well as the respondents and perused the writ papers.