PANDURANG JIVAJI vs RAMCHANDRA GANGADHAR ASHTEKAR (DEAD) BY LRS.& ORS.

The Supreme Court held that the absence of Apte and Bavdekar from court does not warrant an adverse inference when evidence is present on record. The Court found that the decree-holder cannot compel Apte or Bavdekar to produce the property or sale proceeds, as Apte's claim against the judgment-debtor remains unsatisfied. The appeal was allowed, restoring the District Judge's decree and setting aside the Bombay High Court's order, emphasizing the finality of the findings of fact by the lower courts.