1 wp3022.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 3022 of 2010 Vitthal Bodhala Ghadge & anr. ..Petitioner v/s. Yashodabai Krishna Jawale & ors. ..Respondents Mr. I.M. Khairdi for the petitioner. Mr. N.P. Shimpi for respondent no.1. CORAM:- B.R. GAVAI, J. DATED :- MARCH 03, 2011. P.C. The present petition arises out of order dated 12th March, 2010 vide which the application filed by the present petitioner for producing certain documents on record at the appellate stage came to be rejected. 2. Learned Counsel for the petitioner submits that the petitioner- defendant is in possession of the suit premises and for establishing the same, it was just and necessary that documents in question ought to have 2 wp3022.10.sxw established the possession of the petitioner over the suit property, were allowed to be produced on record. 3. Shri Shimpi, learned counsel for the respondents on the contrary submits that learned appellate Court has passed well reasoned order and, therefore, no interference is warranted. 4. The learned District Judge has given elaborate reasons for dismissing the application. The learned Judge has found that the present case would not fall in any of the three categories under which an application under Section 41 Rule 27 can be entertained. Admittedly, the learned trial Court has not rejected the said documents to be taken as evidence. Admittedly, all the documents pertain to period prior to filing of the suit. Had the petitioner exercised due diligence, the same could have been very well produced on record at the stage of the suit inasmuch as they pertain to the revenue entries. 5. Not only this but the learned Appellate Judge has also protected the interest of the petitioners inasmuch as he has observed that the public documents placed on record shall be read in evidence as per law. 3 wp3022.10.sxw 6. In that view of the matter, no perversity is noticed in the approach adopted by the Lower Appellate Court to warrant interference. Rejected. (B.R. GAVAI, J)