MOHAMMED RAFIQ GOUSASAB BADEGHAR Vs. ROJUTA NITIN VICHARE

JUDGEMENT

(1.) The present petitioner was the defendant in O.S.No.980/2012 filed against him by the present respondent in the Court of III Addl. Civil Judge & JMFC at Belagavi (for brevity herein after referred to as 'Trial Court').

(2.) The present respondent as a plaintiff has filed the said suit initially for the relief of permanent injunction but later converted it in to a suit for declaration of her title. After the evidence of plaintiff's side, the matter was posted for defendant's evidence which he did not made use of. As such, the matter was listed for argument.

(3.) After several adjournments while the matter was still in the stage of arguments, the defendant came up with an application recalling the said order, posting it for arguments and seeking permission to lead his evidence. It appears that the same was allowed and the defendant in the Trial Court was permitted to lead his evidence. In that direction it appears that the defendant got himself examined as DW-1 and filed his affidavit evidence, but did not tender himself for cross-examination from the plaintiff side. Giving several opportunities for him to submit himself for cross-examination since the defendant failed, the Trial Court proceeded to post the matter once again for arguments on main.