wp1376.11.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETN. NO.1376/2011 Shrikrushna Vishwasrao Borkar -vs- Vyankatesh Vishwasrao Borkar and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ------------------------------------------------------------------------------------------------------------------------------------ Shri A. S. Mardikar, learned counsel for the petitioner. Shri C. S. Kaptan, learned counsel for the respondents. CORAM : R. M. SAVANT, J. DATED : 15/07/2011. The above petition filed under Articles 226 and 227 of the Constitution of India takes exception to the exhibition of the Report of the Handwriting Expert as Exhibit-46 by the trial Court, during the course of the examination-in-chief of the defendant No.1. The said document has been exhibited by the trial Court on the ground that since it is the Report of the Expert, it should be exhibited. Though the document has been exhibited in the light of the settled position in law, the contents of the same would have to be proved in accordance with Law of Evidence. In my view, therefore, though the document has been allowed to be exhibited, the requirements of law as above would have to be satisfied by the proponent of the said document. It would also be open to the petitioner to question the exhibition of the said document at the hearing of the suit. wp1376.11.odt 2/2 In that view of the matter, the impugned order need not be interdicted with at this stage. The parties are at liberty to take steps in accordance with law as mentioned above. Both the learned counsel are agreeable that the civil suit being Regular Civil Suit No.91/2008, which has already been expedited and which was to be disposed of by 31st of March, 2011, be directed to be disposed of within a particular time frame, as the same is yet pending. The trial Court is therefore directed to hear and decide the said Regular Civil Suit No.91/2008 by 31st of December, 2011. The above writ petition to accordingly stand disposed of. JUDGE KHUNTE