Bombay High Court

JAMILABI SHAIKH CHAND AND ORSversusNITIN BHIMRAO PATIL AND ORS

Disposal: DISPOSED OFF
Bench: SANJAY A DESHMUKH

Holding

An application for permission to produce additional evidence may be considered at the time of the final hearing of the appeal.

Summary

The applicants filed an application seeking the court's permission to produce additional documentary evidence in the pending appeal. The court noted that jurisprudence allows such applications to be considered at the time of the final hearing of the appeal. Consequently, the application was not granted immediately but was disposed of with a direction that the evidence may be admitted if deemed necessary during the final hearing. The court also scheduled the appeal for a final hearing on 24 February 2026. No substantive merits of the evidence were addressed at this stage.

Issues considered

Whether an application for permission to produce additional evidence may be entertained at the pre‑final hearing stage of an appeal

Subjects

additional evidence
civil procedure
appeal
final hearing
permission to produce evidence

Judgment

2026:BHC-AUG:1156


                                                                              ca14969.22
                                                  -1-


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                              CIVIL APPLICATION NO. 14969 OF 2022
                                         IN FA/3586/2023

                                  Jamilabi Shaikh Chand And Ors
                                              VERSUS
                                    Nitin Bhimrao Patil And Ors
                                                 ...
                Advocate for Applicant : Mr. Bhokarikar Madhav M (absent)
                Advocate for Respondents : Mr. Mohit R. Deshmukh
                                                 …..

                                     CORAM : SANJAY A. DESHMUKH, J.
                                     DATED : 13th JANUARY, 2026

                PER COURT :-


                1.        This is an application seeking permission to produce the

                additional evidence. It is well settled that at the time of final hearing

                of the appeal, such application can be considered. The application

                therefore, disposed of with an understanding that if the documentary

                evidence adduced by the applicants is necessary, it can be

                considered at the time of final hearing of the appeal.



                2.        List the appeal for final hearing on 24.02.2026.



                                                    (SANJAY A. DESHMUKH, J.)

                rlj/

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