ORDER

The petitioner / plaintiff has filed this petition seeking prayer to quash the order dated 05.12.2023 passed by the II Addl. Sr. Civil Judge and JMFC, Tumakuru in O.S.No.15/2016 whereby an application filed by the plaintiff under Order 16 Rules 1 and 2 read with Section 15 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the Act') was rejected.

2. Heard Sri.Omkaresha, learned counsel for the petitioner. Though notice is served on the respondents, they remained absent.

3. Learned counsel for the petitioner submits that the petitioner who is the plaintiff before the Trial Court has filed suit for specific performance of the contract seeking direction to the defendants to execute the sale deed pursuant to the agreement of sale dated 07.01.2013. It is submitted that the defendants have entered appearance, filed written statement and sought for dismissal of the suit. The Trial Court has framed issues and proceeded to conduct the trial. It is submitted that the plaintiff has been examined as PW-1 and thereafter the defendants also have adduced evidence. During the pandemic, the petitioner could not adduce evidence of all the witnesses. Hence, he has moved an applicati