The instant writ petition is filed by defendant No.1 in

O.S.No.3036/2009, pending before the Court of XXXVIII

Additional City Civil & Sessions Judge, Bengaluru (hereinafter

referred to as 'Trial Court') with a prayer to quash the order

dated 14.03.2019 passed in the said suit vide Annexure-A.

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Heard the learned counsel for the petitioner and

also perused the material available on record.

The respondents, though served in the matter

have remained unrepresented.

Facts of the case leading to filing of this writ

petition are that O.S.No.3036/2009 was filed before the Trial

Court for the relief of partition and separate possession of the

suit schedule property. On the basis of rival pleadings of the

parties, the Trial Court has framed issues and thereafter the

matter was posted for trial. After completion of recording of

the plaintiff's witnesses, defendant No.1 was examined as

DW.1 on 16.02.2019 and thereafter he was partly cross-

examined by the advocate for the plaintiff. However, on

11.03.2019, since the advocate for plaintiff was not present,

cross-examination of DW.1 by the plaintiff was taken as nil

and the matter was posted for further evidence by the side of

defendants. Subseq