1 WP 5174/10 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5174 OF 2010 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. R.M. Monin for the petitioners. Mr. A.I. Patel, A.G.P. for respondent no.2. CORAM : D.G. KARNIK, J. DATE : 20TH JULY 2010 P.C. : 1. Heard. 2. This writ petition is directed against the order dated 24 June 2010 passed by the lower appellate court rejecting the petitioners’ application under Order 41 Rule 27 of the Code of Civil Procedure for permission to produce additional evidence. 3. The petitioners wanted to produce certain 2 WP 5174/10 documents before the appellate court. The appellate court has recorded a finding that the documents were in possession of the petitioners and they themselves had produced those documents before the City Survey Officer in the past. No attempt was made by them for withdrawal of the said documents from the City Survey Officer for filing the same before the trial court. No satisfactory explanation was offered for not doing so. Consequently, I find no error in the decision of the appellate court. The writ petition is rejected summarily. (D.G. KARNIK, J.)