1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE CIVIL APPLICATION NO. 904 of 2005 IN WRIT PETITION NO. 3731 of 1989 Vidyawati w/o Appasaheb Wadkar .. Applicant versus Laxmibai Babasaheb Patil & ors. .. Respondents ... Mr.S.G. Deshpande for the applicant. Mr.A.B. Vagyani for the respondents. CORAM : A.M.KHANWILKAR, J DATED : 14th July 2008 P.C.: 1. Heard counsel for the parties. 2. Perused the relevant pleadings and documents on record. The case made out in this application in my opinion appears to be farfetched. The concerned notary Mr.Sriprasad Laxman Retharekar has filed his 2 personal affidavit before this court dated 25th September 2006. He has asserted that he was called to the suit premises on 16th November 2002 for completing the procedure for affirmation of an affidavit in the name of Ms.Vidya A. Wadkar who is incidently a practising advocate from Sangli. What is significant to note is that this independent person has asserted that on execution of the document of Surrender of tenancy rights by the applicant Vidya Wadkar she received sum of Rs.25,000/- in cash from Abhijit Patil and a cheque payable to her from Abhijit Patil for a sum of Rs.75,000/- in his presence. The applicant has not controverted this fact at all. The independent person who has filed affidavit is a notary having standing of 12 years at the bar. There is nothing on record to even remotely suggest that he was interested in supporting cause of Abhijit Patil as such or for that matter bent upon to depose against the applicant. Thus, understood the grievance of the applicant that the Tenancy Surrender Deed has been executed under force is palpably unacceptable. Hence, this application is rejected. (A.M.KHANWILKAR, J)