Kailas Yatinrajam Nallewar vs Chandrashekhar Gallya Nallewar
2022 Latest Caselaw 5615 Bom

                                        1                      WP / 6164 / 2022



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

                       46 WRIT PETITION NO.6164 OF 2022

                       KAILAS YATINRAJAM NALLEWAR
                                  VERSUS
                    CHANDRASHEKHAR GALLYA NALLEWAR

                                        ...
           Advocate for Petitioner : Mr. Gangakhedkar Shailendra S.
                                        ...

                                CORAM       : MANGESH S. PATIL, J.

                                DATE        : 20 JUNE 2022

PC :

Heard learned advocate for the petitioner who is legal

representative of the original plaintiff armed with decree for perpetual

injunction, under challenge in an appeal by the respondent - defendant.

2. By moving the application (Exhibit - 30) the respondent

sought permission to lead additional evidence under Order XLI Rule 27

of the Code of Civil Procedure at the appellate stage. It was allowed

and by separate order on his application (Exhibit - 43) even it has

directed the documents to be exhibited.

3. Issue notice returnable on 01-08-2022.

4. The law has been laid down by the supreme court in

respect of the stage at which request for leading additional evidence

under Order XLI Rule 27 of the Code of Civil has to be considered and

further course to be followed in the following judgments:

                                         2                       WP / 6164 / 2022


       i)     Malayalam Plantations Limited V. State of Kerala and another;
              (2010) 13 S.C.C. 487;

       ii)    Union of India Vs. Ibrahim Uddin and another; (2012) 8 S.C.C. 148;

iii) Andisamy Chettiar Vs. Subburaj Chettiar; (2015) 17 S.C.C. 713;

iv) Corporation of Madras and another Vs. M. Parthasarathy and others; (2018) 9 S.C.C. 445

5. Till the next date, hearing of the appeal shall stand stayed.

[ MANGESH S. PATIL ] JUDGE arp/