All that the petitioner prays now is for permission to examine atleast two of the persons included in Ext. P4 witness list. The two persons are said to be the witnesses to a Will in relation to the plaint schedule property. Ext. P5 petition for permission to take out summons to the witnesses in Ext. P4 list is also pending.
2. I permit the petitioner to file an application in the Court below to re-open the evidence already closed. The Court below shall consider the application and decide whether the witnesses to the alleged Will can be permitted to be examined. The alleged alienation of the property to strangers can as well be established by the petitioner by producing the sale deeds.
3. The trial of the suit in O.S. No. 197/2011 on the file of the Court of the Munsiff of Cherthala is deferred by two weeks for this purpose.
No further directions are warranted and the Original Petition is disposed of.
DCS V.CHITAMBARESH JUDGE