The petitioner aggrieved by the order on IA.Nos.12

and 13 dated 10.12.2021 passed in O.S.No.58/2016 on

the file of the Additional Civil Judge and JMFC, Bhadravathi

has filed this writ petition.

Brief facts leading to filing of this writ petition

are as under:

The respondents filed a suit in OS.No.58/2016 for

the relief of partition and separate possession against the

petitioner and defendant Nos.1 to 9 and 11 to 21. In the

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said suit, the petitioner appeared and filed a written

statement. Thereafter, the matter was posted for

respondents evidence. The respondents led the evidence

and closed their side. Thereafter, the petitioner led the

evidence and closed her side. When the matter is posted

for arguments, the petitioner filed an application seeking

permission to reopening the case for the purpose of cross

examination of PW.3. The said application filed has been

opposed by the respondents by filing objection. The trial

Court rejected the said application and was opposed by the

petitioner. The trial Court after hearing the parties,

allowed the application filed by the respondents. Hence,

this writ petition.

Heard the learned counsel for the petitioner.

Learned counsel for the petitioner submits that

the respondents have filed an application for recalling

PW.3 when the case is posted for argument. He further

submit that the trial Court has not assigned any reason for

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passing the impugned order. He further submits that the

trial Court has committed an error in allowing the

application filed by the respondents. Hence, on these

grounds, he prays to allow the writ petition.

5. Heard and perused the records and considered

the submissions made by the learned counsel for the

petitioner.

6.

It is not in dispute that the respondents have

filed a suit for partition and separate possession. The

petitioner and other defendants appeared and filed a

written statement. The trial Court framed the issues.

Thereafter, the respondents were examined and closed

their side. The defendants led the evidence and closed

their side. When the matter is posted for argument, the

respondents filed an application for reopening the case and

to recall PW.3 for further cross-examination. If an

opportunity is provided to the respondents to cross-

examine PW.3, no injustice would caused to the petitioner.

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In the interest of justice and equity and to provide

sufficient opportunity, the trial Court is justified in passing

impugned order. Hence, I do not find any ground to

interfere with the impugned order.

Accordingly, the writ petition is dismissed.

SD/-

JUDGE

ssb