( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 6738 OF 2009 Manjit Kaur w/o Harvindersingh Bindra PETITIONER VERSUS Khirabai w/o Govind Pawar and another RESPONDENTS ..... None for the petitioner. Mr. P.P. Pokharkar, advocate for respondent No. 1. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 16th February, 2010] PER COURT : 1. This petition is filed by original defendant against order rendered by the learned Joint Civil Judge (J.D.), Aurangabad on application (Exh-65) seeking indulgence of the Court to send the finger prints of the plaintiff/respondent herein for opinion of Government Handwriting Expert. 2. Interim stay has been granted by learned Single Judge of this Court on 8th October, 2009. The respondent (plaintiff) has moved application for vacating of the ( 2 ) stay because proceedings of the suit (R.C.S. No. 1476/2001) are stayed. 3. None appears for the petitioner when the matter is called out. Mr. Pokharkar, appearing for the respondent No. 1, would submit that he has no objection if the application filed by the petitioner, in the trial Court, is allowed subject to depositing of the relevant costs required for obtaining opinion of Government handwriting expert. He states that he will advise the respondent No. 1 to give specimen thumb impression before the Court if the petitioner would deposit the necessary amount of costs. 4. What emerges from the record is that opinion of handwriting expert Mr. Athale, Nagpur is already received by the Court. The petitioner disputed such opinion and, therefore, filed application praying for sending the disputed document alongwith admitted thumb impressions of the respondent No. 1 to Government handwriting expert. In order to give fair opportunity to the petitioner, it would be appropriate to allow the application (Exh-65) on concession made by the learned counsel for the respondent No. 1 if she would deposit ( 3 ) costs of Government handwriting expert’s opinion. 5. In the result, the petition is allowed and the impugned order is set aside subject to the condition that the application (Exh-65) be deemed as allowed on payment of necessary costs required for obtaining opinion of the Government handwriting expert and if tentatively, the petitioner would deposit amount of Rs. 3000/- in the trial Court for such purpose, towards advance amount for expenditure, within period of four weeks hereafter. If the condition is not complied with, the petition to be treated as dismissed and the dismissal of her application (Exh-65) shall stand confirmed. The petition as well as civil application No. 2028/2010 stand disposed of accordingly. [ V.R. KINGAONKAR ] JUDGE NPJ/wp6738-09