GAG v. Mujib Ahmed Mohd Mustafa & Ors.

Mr. Anilkumar K. Patil, Advocate for the Petitioner. None present for the Respondents. CORAM DATED :: :: RANJIT MORE, J. 20th December, 2012. P.C. :- Heard Mr. A.K. Patil, learned counsel for the petitioner. The learned Ad-hoc District Judge -1, Malegaon passed order below application Exh. No.21 in Civil appeal No.52 Of 2011 and, thereby rejecting the application. Said application was filed under Order XLI Rule 27 of “The Code of Civil Procedure,1908” for adducing additional evidence. Being aggrieved and dis-satisfied with the said order, the petitioner has preferred present Writ Petition. The petitioner by filing this Petition, wants to reply upon order dated 26th August, 2011 passed by this court ( Coram : G.S. Godbole, J.) in Civil Application No.1007 Of 2009 in Second Appeal No.286 Of 2009.

The lower appellate court while rejecting application Exh. No. 21 made following observations :- “....the order passed by the High court in Civil Application No.1007 Of 2009 in Second Appeal No.286 Of 2009 dated 2/08/2011 is of binding nature, therefore, it need not require to adduce the evidence in Appeal.” 2

In my view, the lower Appellate Court has protected the petitioner's interest by making above observations. The lower Appellate Court is bound to consider the order passed by the High Court especially in view of the fact that same pertains to the suit property. In the light of the above, I do not find any error in the impugned order, which would enable me to interfere with the same in writ jurisdiction of this Court under Article 227 of the Constitution of India. The Writ Petition is, accordingly, disposed of.

(RANJIT MORE, J.)