W.P.No.7372 of 2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.7372 OF 2011 Smt.Vijaya Dilip Kabra ..Petitioner Versus Vikas s/o Laxman Bundhe and ors. ..Respondents Mr A.P.Bhandari, Advocate for petitioner CORAM : MRS MRIDULA BHATKAR, J. DATE : 28th September 2011 PER COURT 1. Writ Petition is filed challenging the order dated 22.6.2011 passed by the Civil Judge, Senior Division, Jalgaon below Exh.90 in Special Civil Suit No.206 of 2007. Petitioner has filed suit for specific performance against the defendants. The suit is based on agreement of sale of the land. On agreement of sale defendant Nos.3 and 6 have put their thumb impressions and those thumb impressions are denied by those defendants. In order to prove those thumb impressions, the petitioner i.e. original plaintiff has filed application before the Court praying that the thumb impressions on the sale deed be sent to the hand writing expert after obtaining the specimen thumb impressions of the concerned defendants; for expert’s opinion. W.P.No.7372 of 2011 2 2. The trial Court rejected the said application on the ground that in the year 2008 the defendants have filed the written statement and they have denied their thumb impressions and plaintiff was aware about it. Till 22nd June 2011 plaintiff has examined four witnesses. The trial Court has rightly rejected the application on the ground that application was moved late. There is no merit in the petition. Order passed by the trial Court cannot be faulted. Hence, petition is dismissed. ( MRS MRIDULA BHATKAR, J. ) (vvr/7372.11wp)