Prasad Parshuram Patil And Ors vs Abhijeet Dilip More And Ors
2022 Latest Caselaw 12270 Bom

                                                            30-sa-557-2022.doc
Sonali


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CIVIL APPELLATE JURISDICTION

                           SECOND APPEAL NO. 557 OF 2022
                                       WITH
                        INTERIM APPLICATION NO.16882 OF 2022


         Prasad Parshuram Patil & Ors.                  ...Appellants
             Versus
         Abhijeet Dilip More & Ors.                     ...Respondents


         Ms. Kohad, for the Appellants.


                                  CORAM : MADHAV J. JAMDAR, J.

DATED : 28th NOVEMBER 2022

P.C. :

1. Heard Ms. Kohad, learned Advocate for the Appellants.

2. The Second Appeal is admitted on the following

substantial questions of law:

(a) Whether the Lower Appellate Court has committed irregularity in passing the impugned judgment as the same has been passed without considering application under Order 41 Rule 27 of the Code of Civil Procedure for production of additional evidence when specific order is passed on Exhibit 30 application that the same would be considered at the final hearing of the Second Appeal?

(b) Whether the finding that the sale of the suit property was for legal necessity to pay the loan is

30-sa-557-2022.doc Sonali

perverse as the documents sought to be produced on record by way of additional evidence shows that the bank's loan has already been paid?

[MADHAV J. JAMDAR, J.]

Digitally signed by SONALI SONALI MILIND MILIND PATIL PATIL Date:

2022.11.28 17:54:21 +0530