YAMANAPPA PARASAPPA SANADI SINCE (DECEASED) BY L.RS. Vs. SHRI SIRAJUDDIN AULAYASAHEB SINCE (DECEASED) BY L.RS.

JUDGEMENT

(1.) HEARD the learned Counsel for petitioner. There is no representation on behalf of the respondents 1A to F.

(2.) IN this writ petition under Articles 226 and 227 of the Constitution of India, petitioners have called in question, the order dated 30.7.2008, passed by the Additional Civil Judge (Senior Division), Gokak, sitting at Raibag, in O.S. No. 97/1994 on IAs -17 and 18.

(3.) THE learned Counsel for petitioners contend that the trial Court has misread the directions of the appellate Court in R.A. 3/2003. He also invited my attention to the directions in R.A. 3/2003 and submitted that the Appellate Court has remanded the matter for fresh trial and therefore, the trial Court was not justified in rejecting the applications. He therefore submitted that the impugned order cannot be sustained in law.