ORDER :

The petitioners, who are the defendants in O.S. No.127 of 2014, are before this Court assailing the order dated 23.10.2019 passed on I.A. No.16 in O.S. No.127 of 2014 on the file of the Principal Civil Judge & JMFC at Bhatkal.

2. Heard the learned counsel for the petitioners and the learned counsel for the respondent No.1.

3. The learned counsel for the petitioners submits that when the suit was at the stage of final arguments, the petitioners/defendants filed an application under Order 14 Rule 5 of Code of Civil Procedure, 1908, praying for framing of additional issues. The Trial Court rejected the application erroneously. It is contended that the additional issues sought for are very much necessary for deciding the dispute involved in the suit. It is the case of the petitioners/defendants that the father-in-law of the plaintiff purchased the property in the name of husband of the plaintiff in the year 1994 and the property was mortgaged by the husband of the plaintiff. Thereafter, defendant No.6 repaid the mortgage amount. In that circumstances, the additional issues are necessary.

4. Per contra, the learned counsel for the respondent No.1 submits that the suit is one for