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2020 Supreme(Kar) 1744

S.G.PANDIT
JANABAI W/O DUNDAPPA SAPAKALE @ JADHAV – Appellant
Versus
DHONDIBA S/O BHIMA KADAGAVI – Respondent


Advocates Appeared:
For the Appellant :SMT . SMT SUNANDA P PATIL, ADVOCATE)
For the Respondents: SRI. PRASHANT MATHAPATI, ADV.

ORDER :

1. Both plaintiffs and defendants 2 and 4 in OS No.153/2010 on the file of the Principal Civil Judge and JMFC, Sankeshwar are before this Court in the above writ petitions.

2. WP No.117027-28/2020 is filed by the plaintiffs aggrieved by the order dated 10.1.2020 on rejection of their applications filed under Order XVIII Rule 17 of CPC and under Section 151 of CPC to reopen the suit for further examination of PW2. Whereas WP No.113231/2019 & WP Nos.113386-388/2019 are filed by the defendants 2 and 4 aggrieved by the order dated 23.8.2019 on rejection of IA filed under Order XVIII Rule 17 of CPC for further examination of DW2 and also on rejection of IA filed under Order VIII Rule1(A) of CPC seeking permission to produce additional documents.

3. Heard the learned counsels for both the parties.

4. Learned counsel for the plaintiffs submits that the suit is one for partition and separate possession. He further submits that the original plaintiff died during the pendency of the suit. Subsequently, PW2 was examined, but at the time of examination of PW2, certain documents were not available. Now the documents are available with the plaintiffs, as such they intend to further examin

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