This writ petition is directed against the impugned order

dated 02.01.2023 passed on I.A. Nos. 23, 24 and 25 in O.S. No.

124/2017 (old No. 90/2011) on the file of the Senior Civil Judge and

JMFC, Nipani, whereby the said applications filed by the petitioner-

defendant No.1 under Order XVIII Rule 17 CPC, Sec. 151 CPC

and Sec. 151 CPC respectively seeking reopening of the case,

recalling of DW1 for further examination-in-chief and for permission

to produce documents, was rejected by the trial Court.

I have heard learned counsel for the petitioner and the

learned counsel for respondent No.1 and perused the material on

record including the impugned order. Though notice of this petition

was served on the respondents No. 2, 3, 5 and 6, they have

remained unrepresented. Notice to respondents No. 4 and 7 is

dispensed with at the request of the petitioner.

Learned counsel for the respondent No.1 not opposed the

petition.

A perusal of the material on record will indicate that the

respondent No.1-plaintiff instituted the aforesaid suit for partition

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and separate possession of his alleged share in the suit schedule

properties. The petitioner is arrayed as defendant no.1 in the said