1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.5662/2010 & WRIT PETITION NO.5663/2010 M/s.Shri Naursingsahay Mudungopal -vs- Vasantrao B. Dharmik (Dead) Thr. L.Rs. Smt.Sumatibai V. Dharmik and others. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Adv. Shri S. Dewani for petitioner. Learned A.G.P. Shri Kankale for R-9. CORAM : B.P. DHARMADHIKARI, J. DATED : NOVEMBER 23, 2010. Advocate Shri Dewani for petitioner. Learned A.G.P. Shri Kankale for respondent No.9-Additional Collector. Petitioner-tenant challenged the order of Rent Controller determining fair rent in appeal under Clause 21 of C.P. & Berrar Letting of Houses and Rent Control Order. In it he moved application under Order 41 Rule 27 seeking leave to produce documents and also seeking leave to adduce additional evidence. He has not cross-examined respondent- landlord and has not led any evidence before the Trial Court. Appellate Court has rejected that application by impugned order. Arguments being advanced by Advocate Shri Dewani, show that those arguments need to be placed before Appellate Court at the stage of final hearing of appeal under 2 Clause 21 of C.P. & Berrar Letting of Houses and Rent Control Order. Advocate Shri Dewani states that Appellate Authority has without even waiting for reasonable time, closed the appeal for passing of final orders. He is relying upon some judgment to urge that when matter is before this Court, the Lower Courts/Authorities are duty bound to wait for reasonable period. I am not inclined to look into the controversy at this stage. Liberty to petitioner to raise all contentions, after the appeal is finally decided. Petitioner is free to move Appellate Authority and also seek leave to advance arguments on merits in appeal. Appellate Authority shall, if such application is moved before delivery of judgment, consider it on its own merits in accordance with law. Steno copy be furnished to A.G.P. JUDGE Khunte