1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Writ Petition No.7327 of 2008. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard counsel. 2. The petitioner is original plaintiff who filed suit (RCS No.10/2008) for partition and separate possession. He adduced necessary evidence in support of his case. He gave evidence closure purshis. The defendants adduced their evidence after a long gap and the suit is protracted. Thereafter, the petitioner gave application (Exh.149) seeking permission to allow him to lead further evidence. He asserted that due to old age, he did not clarify the transactions regarding plot No.2 purchased by him and the entries in the Khasra Pahani record in regard to S.No.56 and Block No.158 etc. The trial Court rejected his application vide the impugned order. The trial Court noticed that the petitioner had voluntarily closed his evidence. It is also explicit that the cross-examination of the defendant No.1 was completed. The facts stated in the application were known to the petitioner and there was nothing new which turned out as sufficient ground to seek such leave of the Court for adducing of further evidence. It is not his case that on account of new revelations, he wanted to lead further evidence. Considering the nature of the impugned order and the attending circumstances, I do not find that the impugned order suffers from perversity or arbitrariness. Hence, the petition is dismissed. No costs. (V.R.KINGAONKAR,J.) Dt.09.02.2010. asp/office/wp7327.08