1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 2367 OF 2010 Sojarbai w/o Baburwan Kamble .. PETITIONER VERSUS Shantabai w/o Narsing Kamble & others .. RRESPONDENTS Mr. S.S. Halkude, Advocate for the petitioner. ===== CORAM : R. M. BORDE, J. DATE : 12th APRIL, 2010 PER COURT : 1 Instant petition is presented by the original plaintiff whose request for tendering the document, a partition deed, for examination of the expert has been turned down by the trial court in view of order passed on 20-1-2010. 2 In a suit claiming partition of the property, question in respect of authenticity of the partition deed arose. According to the plaintiff, the alleged partition deed brought on record by the defendants does not bear 2 her thumb impression and, a such, the document needs to be referred to the handwriting expert. Trial court was justified in observing that it is for the defendant who have relied upon the document to prove its authenticity. Plaintiff’s willingness to refer the document to the expert coupled with her denial is sufficient to shift the burden on the defendant. In these circumstances, the court is free to draw proper inference. At this interlocutory stage, no interference is called for in the instant petition in exercise of extra ordinary jurisdiction under Article 227 of the Constitution of India. Petition is devoid of substance hence stands rejected. 3 In view of dismissal of the petition, pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE) JUDGE dyb/wp2367.10.odt