The petitioners are respondents in G & WC

No.12/2018 on the file of the Additional District and

Sessions Judge, Hosapete, Ballari District (for short,

“the trial Court”). The respondents have impugned the

trial Court’s order dated 09.06.2020. The trial Court by

this impugned order has rejected the petitioner’s

application (I.A. No.VIII) under Order XVI Rule 1 read

with Section 151 of CPC.

The

undisputed

facts

are

that

the

respondent is the father of the minor child, Ms Hasini,

who is born on 28.09.2008 and the petitioners are her

maternal

grandparents.

The

minor’s

mother,

Smt.Gayathri, has died on 09.07.2014 and she has died

under rather tragic circumstances with the petitioners

alleging that the respondent has committed her murder

3

and the respondent facing prosecution for abating the

deceased in committing suicide. The respondent has

filed the present petition in G & WC No.12/2018 for

custody of the minor who was aged about 8 years as on

the date of petition. The parties have completed their

evidence, and after the completion of the evidence, the

petitioners have filed present application under Order

XVI Rule 1 read with Section 151 of CPC for leave to file

a separate list of w