1 nm-8 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No.8 of 2010 IN Notice of Motion No.147 of 2009 IN Testamentary Suit No.2 of 1997 IN Testamentary Petition No.350 of 1994 Ashalata Harishankar Mhatre alias Kandivalikar ... ... Plaintiff/ Petitioner v/s. Chitra Ganesh Vaidya & ors. ... Defendants/ Caveators Mr.Dinesh Purandare with Shubhangi Abhyankar for Plff. Mr.Girish Desai with Geeta Shastri for Defts. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 2nd September, 2010 P.C. : 1.The Defendants have applied for the examination of the signatures of the deceased on the Will along with his signatures on two other documents being the Consent Terms and family arrangement dated 6.9.1984 marked Exhibit D-1 in evidence, a letter dated 17.10.1987 under Section 8(3) of the Urban Land (Ceiling and Regulation) Act, 1976, which has been not marked as an 2 nm-8 Exhibit and which is yet kept on record as X-1 to be identified. The signature, which has not been identified, cannot be compared with the signature of the deceased on the Will. The signature of the deceased on the Consent Terms and the family arrangement, which has been identified and marked as a document on record being Exhibit D-1, can alone be compared with the signature of the deceased on the Will. With regard to that signature, the Defendants desire the original Will as well as original documents to be sent to the State Chief Examiner of Questioned Documents, Maharashtra State, Pune for his opinion. 2.Trial in the suit is in progress. Two witnesses on behalf of the Defendants have yet to be examined as per Mr.Desai s own statement on instructions. One of the documents is yet not identified and exhibited on record. At this stage, it would be improper and, as the Defendants have pointed out, most risky, to send the documents out of jurisdiction of this Court and into the office of the State Chief Examiner of Questioned Documents, Maharashtra State, Pune. However, the parties agree that the State Chief Examiner of Questioned Documents, Maharashtra State, Pune, may himself see the documents which are filed in this Court, take photographs, if required, carry out whatever process and give his opinion and thereafter 3 nm-8 his evidence. This photographing as well as comparison would be only upon the signatures of the deceased on the Will and the signatures of the deceased on the aforesaid Consent Terms and family arrangement. To that extent, the Defendants prayer can be granted. 3.Hence, the following order:- ORDER (i)The Defendants shall at their costs inform the State Chief Examiner of Questioned Documents, Maharashtra State, Pune and fix an appointment of the State Chief Examiner of Questioned Documents, Maharashtra State, Pune, with the Prothonotary and Senior Master of this Court on any working day during working hours, preferably on a working Saturday. The State Chief Examiner of Questioned Documents, Maharashtra State, Pune, shall be entitled to take photographs or otherwise view the documents with any of his equipments. He shall not remove the documents from the office of the Prothonotary and Senior Master. He shall file his opinion and Affidavit of examination-in-chief in that behalf. He shall then appear before the Commissioner who has been appointed in this Court for his cross-examination. (ii)In the meantime the other witnesses shall be examined 4 nm-8 and the evidence shall proceed. (iii) The Notice of Motion is disposed of accordingly. (SMT.ROSHAN DALVI, J.)