SHYAM PUNDALIK CHODNEKAR Vs. VISHWAS SAANTOSH MALVANKAR

JUDGEMENT

(1.) Admit.

(2.) The Appellant/Plaintiff preferred present appeal thereby challenging the impugned judgment dtd. 31/12/2019 in Special Civil Suit no.16/2011, by which the learned Trial Court partly decreed the suit thereby restraining the defendants/respondents from interfering with the plaintiff while carrying out construction as per Agreement dtd. 2/10/2006. The learned Trial Court rejected other prayers by which plaintiff sought alternative reliefs of compensation, damages, etc. The appellant/plaintiff is basically challenging rejection of the prayers for compensation and damages on the main ground that injunction granted by the Trial Court is ineffective since the construction license as well as the Power of Attorney were already revoked and thus the plaintiff was unable to carry out any construction.

(3.) The appellant filed an application for production of additional document under Order XLI Rule 27 of the Code of Civil Procedure praying therein that leave be granted to produce the copy of bank statement showing payment made to Margao Municipal Council towards renewal of license for and on behalf of defendants. It is the contention of the Appellant that even though receipt was placed in evidence, which is in the name of defendants though plaintiff paid the fees, learned Trial Court rejected contention of the plaintiff on some extraneous grounds and hence there is a need to produce bank statement. Such application for additional documents is taken up along with the appeal.