The plaintiff in O.S. No.8523/2002 on the file of the

XLIV Additional City Civil and Sessions Judge, Bengaluru,

has filed this writ petition challenging an Order dated

01.09.2022 passed therein by which the Trial Court

rejected an application (I.A. No.21) filed by him under

Order XIV Rule 5 of the Code of Civil Procedure, 1908 (for

short, 8the CPC9) seeking to recast issue No.3 and to frame

an additional issue.

The suit in O.S. No.8523/2002 was filed inter

alia for the following reliefs, in respect of the property

bearing No.43/37, 2^nd cross, Promnade Road, Frazer

Town, Bengaluru, measuring 40 feet x 60 feet.

"(a) Partition and Possession of 1/8^th

share in the schedule properties by metes and

bounds;

(a-1) To set aside the alleged family

partition dated 5.08.1987 and the alleged

registered deed dated:22.03.1989 which is

registered as

document

No.4394/1988-89,

Book No.1, volume No.2830, Pages 1 to 10

5

registered in the office of the Sub Registrar,

Shivajinagar, Bangalore registered on 4.5.1989

and re-open the same and direct 4.5.1989 and

re-open the same and direct fresh petition in

accordance with law as per clause (a) above."

Initially, the suit in O.S. No.8523/2002 was f