LAWS(BOM)-2018-1-254

HANUMANT GANGARAM KHAMKAR, SINCE DECEASED THROUGH HIS HEIRS & LEGAL REPRESENTATIVES Vs. SATISH PARBATI GAIKWAD

Decided On January 24, 2018
Hanumant Gangaram Khamkar, Since Deceased Through His Heirs And Legal Representatives Appellant
V/S
Satish Parbati Gaikwad Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with consent of learned counsel for the Petitioners and Respondent No.1.

(2.) By this Writ Petition filed under Article 227 of the Constitution of India, the Petitioners are challenging the order dated 10th March 2017, passed by the Court of Civil Judge Junior Division, Khandala, District Satara, below Exhibit-"247" in Regular Civil Suit No.87 of 1995.

(3.) The application at Exhibit-247 was filed by Respondent No.1-Plaintiff under Order-18 Rule-4 of Code of Civil Procedure (for short, "C.P.C.") for leading additional evidence in order to bring on record the document pertaining to the compromise arrived at between the parties, out of the Court, on 26th August 2012. It was submitted that Respondent No.1 has received the said document after his evidence and cross-examination was over. The trial Court has also allowed the production of the said document on 10th March 2016 and therefore, in order to prove the said document, Respondent No.1 may be permitted to lead additional evidence under Order-18 Rule-4 of C.P.C..