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2010 Supreme(Kar) 214

K.BHAKTHAVATSALA
Michael J Brito – Appellant
Versus
John Emanuel Lawerence Brito Since Dead by LR Gracy Brito – Respondent


Advocates appeared:
For the Petitioner:S.R. Krishnakumar, Advocate.
For the Respondent: ------.

Judgment :

These W.Ps. Filed Praying To Quash The Impugned Order At ANX-L Dt. 05.02.2010 Passed INOS 8412/1997 By The Additional City Civil Judge Bangalore (CCH No. 9) Allowing The 4 Applications Dt. 27.01.2010 Filed By Respondent No. 1/Plaintiff And Consequently Dismiss All The 4 Applications.

1. The petitioners/defendant nos. 1 to 3 in O.S. No. 8412/1997 on the file of Additional City Civil Judge, Bangalore, (CCH-9) are before this court praying for quashing the common order dated 5.2.2010 passed on four applications filed in the above said suit at Annexure-L.

2. Learned counsel for the petitioners submits that DW-1 was examined on commission long back. Thereafter DW-2 was also examined. At the stage of arguments, counsel for the LR of plaintiff filed two applications as per Annexures-C and D both under Order 18 Rule 17 of CPC to recall DW-1 and DW-2 for further cross-examination. Applications as per Annexures-G and j were also filed under Section 151 of CPC to recall the orders dated 28.7.2007 and 18.11.2009, and to re-open the case and permit the plaintiff to cross-examine DW-1 and DW-2. All the four applications were opposed by filing objections. The trial court has passed the







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