JUDGEMENT
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(1.)This petition is by the defendants in O.S.No.239/2018 on the file of the I Additional Senior
Civil Judge and JMFC, Chikkaballapura [for short, 'the
civil Court']. The petitioners have impugned the civil
Court's order dtd. 24/8/2021, and the civil Court by
this order has rejected the petitioners' application [IA.7]
under Order VI Rule 17 of the Code of Civil Procedure,
1908 [CPC]. The present petition is filed after a lapse of more than 13 months.
(2.)Sri Vishwanath R Hegde, the learned Counsel for the petitioners, submits that the petitioners,
given the subsequent circumstances, would rather not
pursue the grievance against the impugned order but
seek leave to lead evidence to substantiate their defence
that they have discharged the entire sale consideration
as mentioned in the impugned sale deed and therefore,
the same cannot be challenged. When queried on the
subsequent events, the learned Counsels for the parties
submit that after the impugned order, the petitioners'
application under Order VII Rule 11 of CPC is rejected
and so are the petitioners' other applications viz.,
applications for leave to lead evidence. The suit is now
listed for pronouncement of judgment.
(3.)Sri Vishwanath R Hegde emphasizes that the petitioners have not stepped into the witness box to
vindicate their stand that the entire agreed amount has
been paid and if the petitioners can substantiate this
defense based on the pleadings on record, there would
be just and reasonable opportunity to the petitioner
enabling complete adjudication. Sri A. Ramesh Babu,
learned Counsel for the respondent, submits that as the
respondent does not want protraction of the proceedings
on technical grounds, this Court could consider
permitting the petitioners to make necessary request
with the civil Court for opportunity to lead evidence if
they do not pursue their grievance as against the
impugned order as the pleadings on record would
suffice to substantiate the defense.
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