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2023 Supreme(Kar) 41

S. SUNIL DUTT YADAV
Mohammed Sajjad A Bijapur – Appellant
Versus
N. Akber – Respondent


Advocates appeared:
Siddappa B M, Advocate, M.R. Hiremathad, Advocate

JUDGMENT

S Sunil Dutt Yadav, J. - Petitioners who are defendants 2 to 5 before the trial Court have filed the present petition seeking to set aside the order passed on I.As. 5 and 6 in O.S.No.1/2017 whereby the trial Court has rejected the applications filed seeking for reopening of the case and permitting the defendants to cross-examine P.W.1.

2. Perused the impugned order as well as the order sheet. It is noticed that the plaintiffs had also sought for leading of further evidence and the said application filed by the plaintiffs in I.A.4 was allowed. However, it is noticed that subsequently as plaintiffs had sought for time, further evidence of plaintiffs was taken as nil and the matter was posted for defendants' evidence on 10.11.2022. On 10.11.2022 as defendants were not present, the evidence of defendants was taken as nil and the matter was posted for arguments on merits on 24.11.2022. On 24.11.2022, plaintiffs had sought for time and the matter was adjourned finally to 09.12.2022. On 09.12.2022, request of the plaintiffs for time was rejected and after perusal of the records, the matter was posted for judgment.

3. It is noticed that the matter was posted for defendants' evidence

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