KRISHNA S.DIXIT
M R Shivarudraiah S/o Rudrappa – Appellant
Versus
Rudrappa Son Of Chikkarudrappa – Respondent
ORDER :
Petitioners being 1st & 3rd defendants in a partition suit in O.S.No.1209/2009 are knocking at the doors of the writ court for assailing the order dated 17.01.2020 vide Annexure-K whereby the learned XXXVIII Addl. City Civil Judge, Bengaluru having overruled petitioners objection has marked a xerox/photostat copy of Deed of Co-ownership dated 15.05.1996 as Exhibit-345, in the cross-examination of the witness concerned; the contesting respondents having entered appearance through their counsel resist the writ petition making submission in support of the impugned order.
2. Having heard the learned counsel for the parties and having perused the petition papers, this Court is inclined to grant indulgence in the matter as under and for the following reasons:
(a) Admittedly, suit is one for partition; petitioners happen to be the contesting defendants therein; during the course of trial, the subject document which is a xerox/photostat copy of alleged Deed of Co-ownership has been marked in the cross examination of Defendant No.2 by confronting the same under Order VII Rule 14(4) of the Code; the only reason stated by the Court below for marking the same is that the witness in the bo
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