spb/- 1 wp9936-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 9936 OF 2010 Dadu Dattu Banne ... Petitioner. V/s. Vitthal Dadu Banne & Ors. ... Respondents. --- Mr. N.J. Patil for the Petitioner. Mr..Satyajeet Mirajkar i/by P.D. Pise for the Respondents. --- CORAM : D. G. KARNIK, J. DATE : 18th JULY, 2011. P.C. : 1 Heard. This petition is directed against an interim order passed by the learned Judge of the trial court, sending a disputed document (partition deed) to the government finger print expert for his opinion as regards the thumb impression of the petitioner appearing on the document. The impugned order being interlocutory, calls for no interference. 2 The learned counsel for the petitioner submitted that it is not at all necessary to send the document to the finger print expert for his opinion. In my view, the contention is without merit. Respondents have relied upon a partition deed. The petitioner has denied his thumb impression spb/- 2 wp9936-10.sxw on the said document of partition deed. Since it is a matter of thumb impression, the trial court felt it appropriate to send the document for comparison of admitted thumb impression on the sale deed. No error can be found in the order. I asked the learned counsel for the petitioner to state whether at this stage the petitioner wants to admit his thumb impression on the disputed document of partition deed. Learned counsel was unable to reply and hence, matter was adjourned on two occasion earlier. Even today, the counsel is unable to make a statement whether the petitioner admits thumb impression on the partition deed or not. In this view of the matter it is necessary to send partition deed to the hand writing expert and no error can be found with the order of the trail court. 3 Petition is rejected. [D.G. KARNIK, J.]