1 wp-8169-11 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8169 of 2011 M/s. Nitayanand Housing .. Petitioner Versus Sharayu Sangamneri & Ors. .. Respondents Mr. Shiva Patil for the Petitioner CORAM : R.M.SAVANT, J. DATE : 18th NOVEMBER, 2011 P.C. : 1 The above Petition takes exception to the order dated 2-9-2011 passed by the 3rd Joint Civil Judge, Junior Division Nashik Road, by which order, Exhibit-103 in Regular Civil Suit No.95 of 2005, for referring the documents to the hand writing expert came to be rejected. 2 It appears that the said application was filed after the evidence of the parties was recorded. The Trial Court has adverted to the evidence that has been recorded in the suit filed by the present Petitioner. The Trial Court has observed that the Plaintiff has neither pleaded or testified that the contents of the disputed documents are true and correct and they bear his signature. In the said circumstances, the said documents could not be proved. The Trial Court has further observed that the settled position of law that mere proof of handwriting by an expert is no proof of facts in the documents. The Trial Court has further recorded that in the said suit there 2 wp-8169-11 is no clear direct evidence adduced by the Plaintiff nor any circumstantial evidence exist which can take the help of the corroborative evidence of the handwriting expert. In the said circumstances, the Trial Court was of the view that the opinion of the hand writing expert even if obtained shall serve no useful purpose in the light of the reliefs claimed in the suit and evidence which is already on record. In my view, the Trial Court has rightly rejected the said Application Exhibit 103 filed by the Petitioner by the impugned order dated 2-9-2011. 3 In my view, no case for interference is made out. The Writ Petition is accordingly dismissed. (R.M.SAVANT, J.)