Sambhaji Gangaram Sutar v. Israr Dastagir Sayyed

wp-9609-15-(16)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9609 OF 2015 Sambhaji Gangaram Sutar ..Petitioner Vs.

Israr Dastagir Sayyed ..Respondent Mr. R. P. Walvekar for the Petitioner CORAM :

R. M. SAVANT, J.

DATE :

15th OCTOBER, 2015 P.C.

The Writ Jurisdiction of this Court is invoked against the order dated 15-6-2015 passed by the Learned Adhoc Addl. District Judge-1, Kolhapur, by which order, the application Exhibit 17 filed by the Petitioner / Appellant for being permitting to produce additional evidence under Order XLI Rule 27 of the Civil Procedure Code came to be rejected. The Lower Appellate Court after adverting to the material sought to be produced by way of documents has held that the said documents are not relevant for the purpose of adjudication of the Appeal.

In my view, having regard to the case of the Appellant namely that the Respondent is a tresspasser, the documents showing that he has acquired some other premises after the Suit was dismissed, would have no relevance. In mmj

wp-9609-15-(16) that view of the matter, no case for interference in the Writ Jurisdiction of this Court is made out. The Writ Petition is accordingly dismissed. [R.M.SAVANT, J] mmj