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Bombay High CourtWP/4572/2021disposed off

Prakashchandra Ganeshlal Bafna v. Naresh Darshanlal Rajpal S/O Late Darshanlal Thakurdas Rajpal

2022-06-24Hon'Ble Shri Justice Nitin W. Sambre1 pages

(26)-WP-4572-21.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2022.06.25 10:25:50 +0530 WRIT PETITION NO.4572 OF 2021 BALAJI GOVINDRAO PANCHAL Prakashchandra Ganeshlal Bafna ..Petitioner

Versus

Naresh Darshanlal Rajpal ..Respondent Mr. D. S. Sapkale, for the Petitioner.

Mr. C. N. Chavan, for the Respondent.

CORAM : NITIN W. SAMBRE, J.

DATE : 24th JUNE, 2022 P.C.

1.

Heard.

2.

The order impugned is passed under Order XLI Rule 27 of the CPC, whereby the prayer of the petitioner moved vide Exh.24 for permission to produce additional evidence at appellate stage in the form of power of attorney came to be rejected.

3.

The appeal in which the said proceedings were taken out by the petitioner is already decided against him which is subject matter of the challenge in Revision Application Stamp No.25913 of 2021 viz. Revision Application No.144 of 2022. 4.

In view of above, the writ petition stands disposed of as petitioner is at liberty to raise the issue as regards validity of the order questioned in the aforesaid petition during hearing of the Revision Application.

[NITIN W. SAMBRE, J.] BGP.