N. GANESH Vs. G. SRINIVAS

JUDGEMENT

(1.) The petitioners being the plaintiffs in a bare injunctive suit in O.S.No.7209/2014, are invoking the writ jurisdiction of this court seeking to lay a challenge to the order dated 25.01.2019 made by the learned XXXIX Addl. City Civil Judge, Bengaluru on contesting respondents application Nos.11 to 13 filed for re-opening of the case and for leading further evidence on cost. After service of notice, the respondents having entered appearance through their counsel, resist the Writ Petitions.

(2.) The learned counsel for the petitioners finds fault with the impugned order on the following points:

(3.) Learned counsel for the contesting respondent per contra contends that the petitioners having been accepted the costs imposed by the court below should be treated as having waived their right to challenge the impugned order; the application for production of judgments by way of precedential evidence even otherwise also would not cause any prejudice to the other side inasmuch as the court has left the liberty to contend to the contrary, and thirdly, it is not an inviolable rule that is only the judgments in rem that can be pressed into evidence and no other judgments. So contending, he seeks dismissal of the Writ Petitions.