1 WP No.7649/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7649 OF 2010 Kalawatibai D/o Manikreddy Bhingole, Age: 70 Yrs., occupation – Business, R/o Aurad (Sha.), Tq.Nilanga, District Latur. - PETITIONER VERSUS 1) Karimsab s/o Ismailsab Bagwan, Age: 46 Yrs., occu. Business, R/o Aurad (Sha.), Tq.Nilanga, District Latur. 2) Nizamsab s/o Talabsan Bagwan, (Deceased through Lrs.) 2/1) Lalbee w/o Nizamsab Bagwan, Age: 82 Yrs., occu. Household, 2/2) Najirsab s/o Nizamsab Bagwan, Age:62 Yrs., occu. Business, 2/3) Yunus s/o Nizamsab Bagwan, Age:60 Yrs., occu. Business, 2/4) Rabani s/o Nizamsab Bagwan, Age: 55 Yrs., occu. Business, 2/5) Ayub s/o Nizambsab Bagwan, Age:50 Yrs., occ. Business, 2/6) Vajid s/o Nizambsab Bagwan, Age:46 Yrs., occu. Business, 2/7) Taiyab s/o Nizamsab Bagwan, Age:47 Yrs., occu.Business. 2/8) Saminurbee w/o Basunesab Bagwan, 2 WP No.7649/2010 Age:64 Yrs., occu. Household, 2/9) Shahajadbee w/o Ajamoddin Bagwan, Age:57 Yrs., occu. Household, 2/10)Risalatbee w/o Khudboddin Bagwan, Age:51 Yrs., occu. Household, All r/o Aurad(Sha.), Tq.Nilanga, Dist. Latur. - RESPONDENTS ***** Mr.PB Patil, Advocate for Petitioner; None for Respondent No.1, though served Mrs.MD Thube-Mhase, Adv.for Resp.Nos.2/1 to 2/10. ----- CORAM : K.U.CHANDIWAL, J. DATE : 14th NOVEMBER, 2011. ORAL JUDGMENT: 1) Heard extensively. Rule. Rule made returnable forthwith by consent of parties. 2) Rejection of application (Exhibit-197, 198 and 199) by order dated 2nd August, 2010 by the learned Civil Judge, Senior Division, Nilanga, is questioned. 3) On perusal of the application and even the impugned order, I find the learned Judge certainly has erred in observing about the sale- deed dated 20th April, 1999, to be not part of the said proceedings. Indeed, he was expected to 3 WP No.7649/2010 read the application as a whole, wherein it was informed that the writing/signatures in the sale- deed dated 20th April, 1999 are to be compared with the agreement and document as the plaintiff has disputed the document dated 21st January, 1997, not comparing signature of Karim Ismail. This is more so it has been pleaded by the party concerned. 4) In the situation, rejection by the learned Judge is set aside. The application, seeking to send the disputed document Agreement dated 21/1/1997 to the hand-writing Expert and to get it examined with the sale-deed Serial No. 124/99 dated 20th April, 1999, is allowed. The petitioner to deposit the requisite expenses before the learned Judge within a month from today. 5) Rule is made absolute in the aforesaid terms. sd/- (K.U.CHANDIWAL) JUDGE bdv/