LAWS(KAR)-2019-3-165

HEMAVATHI KOTIAN Vs. GLADSTON SARDIS KOTIAN

Decided On March 26, 2019
HEMAVATHI KOTIAN Appellant
V/S
GLADSTON SARDIS KOTIAN Respondents

JUDGEMENT

(1.) The plaintiff has filed the present writ petition to quash the order dated 09.07.2015 passed on IA.No.7 made in O.S.No.5/2012 allowing in part and also order dated 706.08.2015 on IA.No.8 filed for reviewing the earlier the order dated 09.07.2015, rejecting with costs of Rs.400/-.

(2.) The plaintiff filed suit for declaration for permanent and mandatory injunction by raising various contentions. The contesting 18th defendant filed written statement. The learned counsel for the petitioner in the trial Court, submitted draft issues as per Annexure-E. The Court below framed issues considering the draft issues on 18.12.2014. Thereafter, the plaintiff filed an application under Order XIV, Rule 5 of Code of Civil Procedure on 19.01.2015 to accept the draft issues suggested by the petitioner in lieu of the issues framed by the Court below on 18.12.2014. When the application was resisted by the defendant, the trial Court by order dated 09.07.2015 allowed IA No.7 in part. Against the said order, petitioner filed IA.No.8 seeking review of the earlier order, the trial Court rejected the said IA.No.8 with cost of Rs.400/-. Hence, the present writ petitions are filed.

(3.) I have heard the learned advocates appearing for the parties to the lis.