MP 1 wp802_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 802 OF 2011 Dr. Pradip Fakirchand Khinvsara and another .. Petitioners Versus Mr. Baban Balu Thakar since deceased through his LRs and others .. Respondents Mr. C. M. Kothari for Petitioners. CORAM : B.R. GAVAI, J. THURSDAY, FEBRUARY 03, 2011 P. C. : By way of present petition, the petitioners challenge the order dated 23rd November 2010 vide which the application filed by the present petitioners for sending the agreement of sale dated 4th May 1996 to the handwriting expert came to be rejected. 2. The application in question was filed after the evidence of both the parties was over and both the parties had filed purshis for closing their evidence. 3. The order passed by the learned Trial Court is totally discretionary order. Unless it is found that the discretion exercised by the learned Trial Court has been exercised in the perverse manner, it is not permissible to this Court to interfere in the extra-ordinary jurisdiction under Article 227 of the Constitution of India. MP 2 wp802_11 4. In any case, the order impugned is an interlocutory order. In the event, if the petitioners fail in the Suit and are required to file an appeal, they can freely challenge the same in the Appeal under Order 43 Rule 1A of the Code of Civil Procedure. Apart from that, under the provisions of Section 23 of the Indian Evidence Act, the learned Court can himself examine genuineness of the document. In that view of the matter, no interference is warranted. Hence rejected. (B.R. GAVAI, J)