ORDER :

The petitioners were the defendants in O.S. No.3575/2001 on the file of the City Civil Court, Bengaluru. They have filed this Writ petition challenging the order dated 27.06.2022 in terms of which an application filed by them to recall PW3 for cross-examination was rejected on the ground that defendants had failed to use the opportunities granted.

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

3. The suit in O.S. No.3575/2001 was filed for declaration that the wall constructed on the eastern side of the suit property by the defendants was illegal and unauthorised and consequently to remove the wall and for other consequential relief's. The suit was contested by the defendants who claimed that the wall constructed by them was within their property.

4. The trial Court framed issues and recorded the evidence of the plaintiff. When the case was set-down for the evidence of the defendants, an application was filed by the defendants to recall PW3 for cross-examination. It was contended in the application that the counsel for the defendants was engaged in another case and by the time he rushed back to the Court, PW3 was discharged. This was