KRISHNAKUMAR RAMKRISHNA PANDIT Vs. JAYASHRI JAYRAM BHAVE

JUDGEMENT

(1.) Heard Mr. Kanade, learned Counsel for the petitioners and Mr. Kekane, learned Counsel for the respondent, at length.

(2.) By this Petition under Article 227 of the Constitution of India, the petitioners have challenged the order dated 1 st November, 2018 passed by the Appellate Bench of the Court of Small Causes at Mumbai below Exhibit 28 in (2a) Appeal No.12 of 2010. By that order, the Appellate Court allowed the application Exhibit 28 filed by the respondent herein under Order-XLI, Rule-27 of the Code of Civil Procedure, 1908 (for short 'C.P.C') for production of additional evidence.

(3.) It is not necessary to deal with rival submissions advanced by learned Counsel for the parties across the bar. Mr. Kekane submitted that the Petition has become infructuous. He submitted that by the impugned order, the Appellate Court allowed the application filed by the respondents under Order- XLI, Rule-27 subject to payment of costs of Rs.15,000/- to the petitioners or to be deposited in the Court by 15th November, 2018. In pursuance of the impugned order, respondent deposited costs on 12 th November, 2018. The petitioners filed application Exhibit 73 for withdrawal of the amount of Rs.15,000/-. Mr. Kanade, on instructions of Mr. Sanjeev Rajendra Pandit, petitioner No.2, who is present in the Court states that the petitioners have not withdrawn Rs.15,000/- from the Court.