VENKANAGOWDA RUDRAGOUDA DANAPPA GOUDRU Vs. VENKANAGOWDA DANAPPAGOUDRU

JUDGEMENT

(1.) The petitioner party-in-person is before this Court challenging the order dated 06.02.2016 in R.A.No.76/2013 on the file of the Addl. District and Sessions Judge, Gadag, by which IA.No. II I filed under Order 41 Rule 25 of Civil Procedure Code is rejected.

(2.) The respondent No.1 filed suit in O.S.No.22/2010 for partition, the petitioner No.1 herein was defendant No.1 in the said suit. After trial, the suit came to be partly decreed. Aggrieved by the said decree, the petitioner No.1 herein who was defendant No.1 filed R.A.No.76/2013, before the Prl. District and Sessions Judge, Gadag. In the pending appeal, the petitioner filed IA.No.III under Order 41 Rule 25 of CPC, for recasting the issues. It is stated in the affidavit in support of the application that the trial Court has not properly framed issues based on the pleadings of the parties. As the appellant has not filed application under Order 14 Rule 5 CPC, for additionalissues in the suit, it has become necessary for the petitioner to file an application before Appellate Court for recasting of issues. The respondent/plaintiff filed his objections to the said IA denying the allegations made in the affidavit and contended that the application is filed only to delay the proceedings and to drag on the proceedings. The trial Court on considering all the contention of the parties, by order dated 06.02.2016 rejected IA.No. III, filed by the petitioner/defendant No.1. Hence, the petitioners are before this Court in this writ petition.

(3.) Heard party-in-person and also perused the writ petition papers.