KEMPAMMA Vs. S.K.PARVATHAMMA

JUDGEMENT

(1.) The plaintiffs have filed these writ petitions against the order dated 20.02.2019 passed on I.A.No.23 and 24 in O.S.No.9/2013 dismissing the applications filed by the plaintiffs for re-opening the case for cross-examination of DW.3 and for recalling the order closing the stage of cross-examination of DW.3.

(2.) The plaintiffs filed a suit for partition and separate possession contending that the suit schedule properties are the joint family properties of plaintiffs and defendants and there was no partition. The defendants filed written statement admitting the relationship and disputed that Item no.23 is the self-acquired property of defendant No.1. They have sought for dismissal of the suit. After completion of evidence on both sides, when the matter was posted for arguments, at that stage, plaintiffs have filed two applications i.e., I.A.No.23 under Section 151 CPC and I.A.No.24 under Order XVIII Rule 17 r/w 151 CPC, contending that defendant No.2- Lingaiah @ Chikkathammaiah has been examined as DW.3 and he was cross-examined by defendant No.1. While preparing for arguments, plaintiffs' counsel noticed that there are some aspects in the matter touching upon the merits of the case, warranting cross-examination of defendant No.3 by the plaintiffs. He has stated that by merely allowing the applications, no prejudice will be caused to the other side. Therefore, he has sought to allow the applications. The first defendant alone opposed the application by contending that application is belated and sought for dismissal of the application.

(3.) The trial court considering the applications and objections, by the impugned order dated 20.02.2019 dismissed the applications filed by the plaintiffs. Hence, the present writ petitions are filed.