FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS WP/1179/2010 SAKHARAM V/S VIJAYKUMAR 1. Heard. 2. Petitioner is the plaintiff in the regular civil suit before the trial Court. In the said suit, the petitioner had prayed for decree of perpetual injunction against the respondent in relation to the suit property. The petitioner has also sought declaration that the sale deed dt. 22.10.1964 is void ab initio, bogus and manipulated etc. Further declaration is sought that the entires in the record of rights based on the said sale deed are illegal and they are also sought to be quashed. 3. Defendant appeared in the suit and filed written statement. In my view, it is not necessary to refer to the averments made in the said written statement. 4. By application Exhibit 59 dt.14.8.2009, petitioner made a request to refer the said sale deed to hand writing expert. It was opposed by respondent by filing say Exhibit 61. Petitioner has contended in the said application that the said sale deed does not bear thumb impression of the mother of the plaintiff and it is necessary to very whether the plaintiff has signed the said document. On behalf of respondent, an objection has been raised that the application ought to have been given before commencement of the trial of the suit. Evidence is recorded. Father of the plaintiff is the witness to the said FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS sale deed. This application has been heard and rejected by the trial Court. Learned counsel for petitioner points out paragraph Nos.9 and 10 of the order. According to him, said order is illegal. 5. I have given consideration to the submissions. In my view no case for exercising extra ordinary jurisdiction has been made out. 6. In the result, Writ Petition stands dismissed in limine. Suit to be decided in accordance with the provisions of law and evidence adduced by the parties. No order as to costs. Dt.17.2.2010 (S.B.DESHMUKH, J.) akl