0507wp647.11.odt 1 THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO.647 OF 2011. Satyabhamabai Ramchandra Harde and ors. ..vs.. Nagpur Municipal Corporation ............................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ............................................................................................................................................................... Miss M.D.Bhambhwani, Adv. for the petitioners. Mr.J.B.Kasat, Advocate for the respondent. CORAM : R.M.SAVANT, J. DATED : 5th July, 2011. 1. The above petition filed under Articles 226 and 227 of the Constitution of India takes exception to the order dated 28/10/2010 by which order the application filed by the petitioners under Order 41 Rule 27 of the C.P.C. came to be rejected. 2. The petitioner is the original plaintiff who had filed Reg.Civil Suit No.968 of 1995 challenging the notices issued by the respondent – Municipal Corporation for carrying out construction in excess of the sanctioned permission. The said suit came to be dismissed. 3. Against the dismissal of the said suit the petitioner has filed Reg.Civil Appeal No.218 of 1999, in which Appeal the petitioner has filed the said application for producing 0507wp647.11.odt 2 additional evidence. As mentioned herein above, the said application came to be rejected by the impugned order dated 28/10/2010. 4. The gist of the reasoning of the First Appellate Court in rejecting the application is that the petitioner has not complied with the prerequisites for filing of an application under Order 41 Rule 27 of the C.P.C. In my view, the reasoning given by the First Appellate Court in rejecting the said application is unexceptional and does not warrant interference in the writ jurisdiction of this court. Writ petition is accordingly dismissed. JUDGE chute