Heard learned counsel Sri Ravi B. Patil for the petitioner and learned counsel Sri Harshavardhan R. Malipatil for the respondent Nos.1 to 4.

2. This writ petition is filed with the following prayers:

a) A writ of certiorari any other writ or direction to quash the impugned order dated 25-11-2023 in O.S.No.15/2022 as at Annexure-E passed by the Court of II Addl.

Senior Civil Judge and JMFC at Bidar rejecting I.A.No.11 under Order 26 Rule of 9 of Code of Civil Procedure, preferred by the petitioner/plaintiff and consequentially to allow the application as prayed for, in the interest of justice and equity.

b) Pass such other order/s as this Court deems fit to grant in the circumstances of the case, in the interest of justice and equity.”

3. The writ petitioner is plaintiff No.1

in O.S.No.15/2022. The said suit is for permanent injunction in respect of the property mentioned in the plaint. The defendants denied the plaint averments and the parties have placed their respective evidence on record. In order to ward off the technical objection of identity and location of the property, on conclusion of recording of evidence, an application under Order 26 Rule 9 of CPC came to be filed by the