1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 176 OF 2010 (Sunil Madanlal Chandak vs. Balkrushna Tukaram Pimpalshende & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. FEBRUARY 17, 2010. Heard Shri Bhattad, learned counsel for the petitioner – defendant and Shri Khajanchi, learned counsel for respondents No. 1 to 6 (plaintiffs). The application for referring the signature on rent receipt (alleged) dated 30.11.2000 has been rejected by the Second Joint Civil Judge, Senior Division, Chandrapur, on 4th December 2009 and application for its review has also been rejected on 15.12.2009. The grievance of the petitioner – defendant is, plaintiff No. 3 has avoided to enter witness box to depose about his signature (as alleged) on that receipt and he has given false reply. The trial Court has found that said signature is claimed to have been made in the presence of the petitioner – defendant and hence can be proved by the petitioner – defendant. In this situation, I find the application as moved premature. After the evidence of the petitioner – defendant is over and need therefor is felt, the petitioner 2 – defendant is free to move such application. If any such application is moved at that stage, the trial Court to decide the same independently on its own merits uninfluenced by any observations made by this Court or by it in its earlier order. As the suit is of the year 2001, the trial Court to expedite the same and decide it at the earliest. With these observations, writ petition is disposed of. No order as to costs. JUDGE *GS.