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2022 Supreme(Kar) 1384

R. NATARAJ
Parvathamma – Appellant
Versus
H. K. Balakrishna – Respondent


Advocates appeared:
Sri. V.K. Narayana Sharma, Adv, for the Petitioners; Sri. K.V. Chandrashekara Swamy, Adv, for the Respondent

JUDGMENT

1. The plaintiffs in O.S. No. 123/2017 on the file of the Civil Judge and JMFC, Sakaleshpura, have filed this writ petition challenging an order dated 27.01.2020, by which applications filed by plaintiff No.2 to recall PW.2 for further chief-examination and to recall the stage of the suit for further examination of the witnesses and to recall DW.1 for further cross-examination were rejected.

2. The parties shall henceforth be referred to as they were arrayed before the Trial Court.

3. The suit in O.S.No.123/2017 was filed for perpetual injunction in respect of agricultural land in Sy.Nos.160/1, 160/2 and 160/3 of Hethur Village, Sakaleshpura Taluk. The suit was contested by the defendant, who denied the possession and title of the plaintiffs to the suit property. The suit was set down for trial and when the case was listed for arguments, the plaintiff No.2 filed applications under Section 151 of Code of Civil Procedure, 1908, to reopen the stage of the suit for examination of witnesses for the plaintiff No.2 and to further cross-examine DW.1. The Trial Court held that the plaintiffs were unduly delaying the suit and had filed the applications long after the evidence was concl

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