B.M. KUMAR Vs. K.R. ROOPA

JUDGEMENT

(1.) Plaintiff No.1 filed these Writ Petitions against the order dated 22.01.2019 passed on I.A.Nos.34 and 35 in O.S.No.8/2013 dismissing the applications filed under Section 151 of CPC to reopen the case and to recall PW-1 for cross-examination, with cost of Rs.1,000/- each.

(2.) Plaintiffs filed P and SC No.5/2010. Later the said proceeding was converted to O.S.No.8/2013 for issuance of succession certificate. Subsequently, suits filed by the plaintiffs and defendants in O.S.Nos.8/2013, 96/2015, 65/2015 and 66/2015 were clubbed together and the trial Court by judgment and decree dated 29.06.2017 dismissed O.S.Nos.8/2013 and 96/2015 filed by the plaintiffs and decreed the suits in O.S.Nos.65/2015 and 66/2015 filed by the defendants and it was declared that the Will dated 14.03.2017 is the original, genuine and last Will of late B.R.Manja Shetty and plaintiffs, who are the defendants in O.S.No.65/2015 are restrained from trespassing into the suit schedule property and thereby disturbing the peaceful possession and enjoyment of the suit schedule property.

(3.) Being aggrieved by the same, appeals in R.A.Nos.41 to 44 of 2017 was preferred before the lower Appellate Court. The lower Appellate Court by considering the entire material on record allowed the appeals by judgment and decree dated 21.10.2017 and remanded the matter to the trial Court with a direction to provide an opportunity to the plaintiffs to adduce evidence with reference to their pleadings in O.S.Nos.66/2015 and 96/2015 and directed the trial Court to dispose of the matter as early as possible not later than six months. After remand, the present plaintiff has not contested the matter for more than 20 dates of hearing i.e., nearly more than five months and PW-1 continuously remained absent and the trial Court by observing the same and considering the fact that no satisfactory reasons are forthcoming for having remained absent, dismissed the applications - I.A.Nos.34 and 35. Hence, the present Writ Petitions are filed.