1 21-WP-6584-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, AT NAGPUR. WRIT PETITION NO.6584 OF 2026 SAU. SATNAMKAUR W/O MANJEETSINGH BAGGA VS SURESH CHATURBHUJ TIWARI AND OTHERS - -- - -- -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P. R. Agrawal, Advocate for petitioner. CORAM : NANDESH S. DESHPANDE, J. DATED : 27th August, 2026 P. C. Heard. 2. Rule. Rule made returnable forthwith. 3. Heard finally with the assistance of Shri P. R. Agrawal, learned counsel for the petitioner. 4. In view of the order to be passed, notice to the respondent is dispensed with. 5. The order impugned in the present petition is passed below application Exhibit-64 on 16/01/2026 in Reg. Civil Appeal No.06/2017 by the District Judge-1, Amravati. 6. The only contention which is raised before me is that said application under Order XLI Rule 27 of the Code of Civil Procedure, 1908 ought to have been decided along with the said appeal in view of the law laid down by this Court in case of Rama Mukund Naik vs. Ms Ermelina Rodrigues 2016 Law Finder (Bombay) 2790. Reliance is also placed on the judgment of Honourable Apex Court in case of Union of India vs. Ibrahim Uddin and anr. (2012) 8 SCC 148 wherein it is held that the application for leading additional 2026:BHC-NAG:11216 2 21-WP-6584-26.odt evidence ought to have decided along with the pending appeal. 7. In that view of the matter, the order dated 16/01/2026 passed by District Judge-1 Amravati below Exhibit-64 in Reg. Civil Appeal No.06/2017 is quashed and set aside. 8. The appellate Court is directed to decide the said Application Exhibit-64 along with the pending appeal. 9. Writ Petition is allowed and disposed of. 10. Rule is made absolute with no order as to costs. (NANDESH S. DESHPANDE,J.) Asmita Signed by: Smt. Asmita A. Bhandakkar Designation: PS To Honourable Judge Date: 28/08/2026 14:44:15