:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION WRIT WRIT WRIT PETITION NO. 4199 OF PETITION NO. 4199 OF PETITION NO. 4199 OF 2006 2006 2006 Mangal Bapusaheb Bhokare & Ors. ... Petitioners. V/s. Sou. Pushpavati Devkumar Patil & Ors. ... Respondents. Mr. P.M. Pradhan for the Petitioners. Mr. S.R. Ganbavale for Respondent 1. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 8TH 8TH 8TH MAY 2009. MAY 2009. MAY 2009. P.C. P.C. P.C. : : : . The Writ Petition is at the instance of the Appellants who have filed Regular Civil Appeal No.347 of 2000 in the Lower Appellate Court to challenge the Judgment and Decree of the Trial Court in Regular Civil Suit No.98 of 1987. 2. During the pendency of the Appeal an application (Exhibit 24) has been filed by the Petitioners invoking the jurisdiction of the Lower Appellate Court under Order 41 Rule 27 of the C.P.C. That application having been rejected by the impugned order, this Writ Petition. 3. After having heard Mr. Pradhan, learned Counsel appearing for the Petitioners at some length, I am of the opinion that it is not necessary to interfere with the order under challenge at this stage. The Petitioners - :2: Appellants have sufficient opportunity to challenge the rejection of their application (Exhibit 24) in case the final order in this subject Civil Appeal is adverse to them. While challenging that order, it would be open for the Petitioners to raise all pleas including that the Court below erred in rejecting their Application for additional evidence. All grounds as are raised in the Writ Petition are kept open for being raised during such challenge. All contentions in that behalf are also kept open. The Petition is disposed off subject to above. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)