JUDGMENT

1. Heard Sri Sachin M. Mahajan, learned counsel appearing for the petitioners and Sri Meer Mohammed, learned counsel appearing for the respondent No.1.

2. In this writ petition, the petitioners being aggrieved by the order dtd. 13/6/2023, passed in OS No.185 of 2016 on the file of Civil Judge and JMFC, Basavakalyan, in rejecting IA No. 9, has presented this writ petition.

3. Sri Sachin M.Mahajan, learned counsel appearing for the petitioners refers to the defence taken by the defendants at paragraphs 15 and 17 of the written statement and argued that, the Trial Court ought to have allowed IA No.9 filed by the defendants to frame the additional issues as prayed for and therefore, he submitted that the impugned order passed by the Trial Court requires to be interfered with in this writ petition.

4. Per contra, learned counsel appearing for the respondents invited attention of the Court to the issues framed by the Trial Court, particularly, referring to issue No.4 and argued that, the Trial Court be allowed to answer the said issue and the IA No.9 is filed at the fag end of the proceedings and accordingly, he sought for dismissal of the writ petition.

5. Having take note of th