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2022 Supreme(Kar) 469

S. VISHWAJITH SHETTY
J. S. Nagaraj Since Deceased by his LRs. Smt. Aruna Nagaraj – Appellant
Versus
Syed Idris S/o Shri Syed Abbas – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: R. Abhinav, Vivek B.N.
For the Respondent: Ramprasad B.S.

ORDER :

1. This writ petition under Article 227 of the Constitution of India is filed challenging the order dated 25.06.2016 passed by the Court of City Civil Judge, Bengaluru, in O.S. No. 4952/2007 rejecting I.A. Nos. 15 and 16 filed by the petitioners.

2. Heard the learned Counsel for the parties and also perused the material available on record.

3. Facts leading to filing of this petition narrated briefly are, petitioners had filed O.S. No. 4952/2007 before the Trial Court seeking the relief of specific performance. In the said suit, the contesting defendants had filed their written statement and opposed the suit claim. The Trial Court had framed as many as 13 issues in the said suit. Since the issues which were framed in the suit cast the burden on both the parties to the prove the same, after completion of plaintiffs evidence on several issues, the plaintiffs had filed a memo on 10.07.2012 reserving his right to lead rebuttal evidence under Order XVIII Rule 3 CPC after completion of defendants side evidence. The said memo was taken on record by the Trial Court. Thereafter, the defendants had completed their evidence and when the suit was posted for the purpose of arguments, I.A.

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