Vijay S/O Deorao Patil And ORS v. Western Coal Fields Ltd. Thr. Its Chief General Manager

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT NAGPUR CIVIL APPLICATION NO.1691 OF 2017 IN FIRST APPEAL NO.1090 OF 2011 Vijay s/o Deorao Patil and ors.

..Applicants

Versus

Western Coal Fields Ltd., through its Chief General Manager, Nagpur area, P.O. Jaripatka, Nagpur ..Respondent Mr M.W. Charde, Mr O.W. Gupta and Mr V.V.Bhangale, Advocates for applicants Mr S.C. Mehadia, Advocate for respondent CORAM : N.W. SAMBRE, J.

DATE : 24th April 2017 PER COURT 1.

This application is under Order XLI, Rule 27 of the Code of Civil Procedure seeking permission to rely upon order of public authority (Tahsil Kamthi) passed on 11th July 2016 certifying the acquired land of the appellant to be irrigated one. Since the document relied upon is subsequent to the date of filing of the appeal and same being a public document, in my opinion, there is no impediment in permitting the appellant to produce the said document under Order XLI, Rule 27 of the Code of Civil Procedure.

2.

As such, the application though strenuously resisted by Mr Mehadia, stands allowed.

( N.W. SAMBRE, J.) vvr