1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 1873/2010. Yogendra Digamber Dafade -: VERSUS :- Vinodkumar Kasturilal Sethi 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. DATED : JULY 27, 2010. Heard Shri Mahesh Rai, learned Counsel for petitioner and Shri P.N. Mohta, learned Counsel for respondent. Contention of Shri Rai, learned Counsel is, Appellate Court though rejected the appeal of respondent challenging rejection of respondents application to forward rent receipt to hand writing expert, it has permitted him to move fresh application before the Small Causes Court. He contends that when in the impugned order passed by the Small Causes Court has been interfered by the Appellate Court, such opportunity and remand is unwarranted. Shri Mohta, learned Counsel states that the application was rejected by the Small Causes Court only 2 because it was not supported by affidavit and when Appellate Court noticed this, it has permitted respondent/appellant to file proper application for that purpose. I have heard both the learned Counsel and I find that suit for specific performance instituted by the respondent against the petitioner is pending. Not only this, the rent receipt in dispute was not filed along with the application for issuance of distress warrant, but has come on record lateron. In this situation, I am not inclined to make any further observations in the matter as those observations may prejudice the consideration of the issue by the trial Court. The Trial Court shall decide the application filed by the present petitioner/plaintiff in pursuance of liberty given by the Appellate Court as early as possible and in any case by 30.08.2010. The trial Court shall not be influenced by any observations made by the Appellate Court or by this Court in present petition and shall independently apply its mind. With these observations and directions Writ Petition is disposed of. No costs. JUDGE Rgd.