1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5385 OF 2009 (Shri Dal Bahadur Mall vs. Shri Rajesh G. Baisware) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. FEBRUARY 17, 2010. Heard Shri Sadavarte, learned counsel for the petitioner and Shri Purohit, learned counsel for the respondent. The matter was heard on last occasion and after noticing that effort to introduce report of Handwriting experts had already failed once and the petitioner was claiming second such opportunity, the petitioner was asked to find out whether an amount of Rs. One lakh deposited by him to show his bonafides, can be allowed to be withdrawn by the respondent. Shri Purohit, learned counsel for the respondent had stated that if such withdrawal is permitted, the respondent may consider giving of no objection to recording of evidence of handwriting expert. Upon instructions, Shri Sadavarte, learned counsel for the petitioner today states that his client is not ready and willing to part with the amount of Rs. One lakh. He wants to rely upon an affidavit filed on 15.02.2010 to point out certain other aspects. 2 As the matter was adjourned only for limited purpose, I have not permitted Shri Sadavarte, learned counsel to refer to that affidavit. In the alternative Shri Sadavarte, learned counsel stated that amount of Rs. One lakh should be invested in any Nationalized Bank and permission as prayed for should be granted. Shri Purohit, learned counsel is not accepting this request. In the circumstances, I do not find anything wrong with the impugned order passed by the 7th Joint Civil Judge, Senior Division, Nagpur, in the matter. There is no jurisdictional error or perversity. Writ Petition is, therefore, dismissed. As the suit is of the year 2004, the trial Court shall attempt to decide it as early as possible. The amount of Rs. One lakh deposited in the High Court by the petitioner be returned to him. JUDGE *GS.