ZAINABEE W/O MOHAMMAD BASHIR Vs. SHIVKUMAR

JUDGEMENT

(1.) Considering the fact that a short issue has been raised for consideration of this Court in this petition, by consent of the parties, the Civil Application No.7105/2014 praying for listing the Writ Petition for final hearing out of turn is disposed of and the petition is taken up for final hearing.

(2.) The Petitioners/ original Plaintiffs are aggrieved by the order dated 09.09.2002 by which the application Exhibit47 filed by the Petitioners seeking deletion of all 13 issues and framing of new issues, has been rejected. The Petitioners are similarly aggrieved by the same order by which their application Exhibit49 filed under Order 18 Rule 1 of the Code of Civil Procedure praying that the Defendants should commence the recording of oral evidence, has also been rejected.

(3.) The learned Advocate for the Petitioners has strenuously criticized the impugned order. It is also pointed out that this petition was filed on 29.11.2002 and by the order dated 08.02.2005, interim relief was granted in terms of prayer clause (D), which reads as under: