1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5927 OF 2009 Gangabai w/o Digambar Wayal, Age: 50 years, Occ: Agri., R/o. Sawargaon Wayal, Tq.Mantha, District Jalna. .. Petitioners Versus Vishnupant s/o Tukaramji Chawal, Age: 37 years, Occ: Agri., R/o. Wanjola, Tq. Mantha, District Jalna. .. Respondent ... Mr. V.A. Bagal, Advocate holding for Mr. V.D. Salunke, Advocate for petitioner. Mr. Santosh S. Jadhavar,Advocate for respondent. ... CORAM : K.K. TATED, J. DATE : 8TH SEPTEMBER, 2009. PER COURT : 1. Rule. Rule made returnable forthwith. With the consent of both the parties, matter is taken up for final hearing at admission stage. 2 2. Heard learned Counsel for the petitioner and learned Counsel for the respondent. 3. By this petition under Article 226 and 227 of the Constitution of India, the petitioner - original plaintiff challenges the order dated 18-06-2009 passed by the Civil Judge, J.D. Mantha below Exh. 68 in R.C.S. No. 10/2008. 4. The petitioner filed R.C.S. No. 164/1999 in the Court of Civil Judge, J.D. Partur for possession of agricultural land Gat No. 307 Admeasuring 8 Hectors 7 Are. The petitioner filed application below Exhibit-68 for sending "Isar Pawti" to hand writing expert for his opinion on the ground that the report which is already on record is not correct. 5. Same application was rejected by the trial Court on the ground that one report of hand writing expert is already on record and if the petitioner is not agreed with that, he can call 3 upon the expert for cross examination. The trial Court further considered that for last more than 10 years, suit is pending for hearing and final disposal. Considering the reasons given by the trial Court for rejecting the petitioner's application below Exhibit-68, I am also of the opinion that when one report of hand writing expert is already on record, it is not necessary to send it to the hand writing expert again for his opinion. 6. Considering these facts, Writ Petition is dismissed. Rule discharged. [ K.K. TATED, J.] sut/SEP09/wp5927.09