1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 1138 OF 2011 *** 1. Application for sending document in dispute to handwriting expert moved after the examination of one witness of defendant has been rejected by trial Court. Advocate Mr. Jadhavar has invited attention to the said document of Isar Pawati dated 30th of November, 2006 to point out how there are two signatures appearing on its end when actually there should be only one. He has also invited attention to other signature allegedly of same person made on possession receipt dated 11th December, 2006. He has also clarified that a new Advocate engaged to prosecute the matter noticed this and hence application has been moved. Petition also challenges the order dated 26th August, 2008 whereby the trial Court has rejected application for exhibiting the document Exhibit-21, 21, and 22. Perusal of order 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. reveals that relevant material is looked into by the trial Court. Moreover, challenge in the petition is belated i.e. after more than 2-1/2 hears. The order is not appellable and hence petitioner can always assail it after suit is finally decided. 2. Advocate for Respondent/ original plaintiff has supported the impugned order. He points out that as per section 73 of Evidence Act in appropriate circumstances trial Court itself is competent to compare the signatures. 3. As I do not see any justifiable reason for making such application belatedly, I do not find any jurisdictional error or perversity in the impugned order. 4. With liberty to the Petitioner to challenge that order after suit is finally 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. decided if occasion therefor arises, present writ petition is disposed of. No costs. [B.P.DHARMADHIKARI, J.] Dated:23/02/2011. ans/1138