( 1 ) wp9060-10 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 9060 OF 2010 Fabulous Estate Private Ltd. & others PETITIONERS VERSUS Mozamkhan s/o Osmankhan Pathan & others RESPONDENTS .... Mr. Dhananjay Deshpande, advocate for the petitioners. Mr. S.P. Urgunde, advocate for the respondents No. 1 to 3. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 6th January, 2011] PER COURT : 1. Heard. 2. The petitioner challenges order dated 2nd September, 2010 rendered by the 3rd Joint Civil Judge (Senior Division), Latur whereby application filed by the respondents was allowed and the two (2) disputed receipts dated 13-04-2007 and 13-12-2007 alongwith the agreement of sale were directed to be forwarded to the Government handwriting expert, CID, Aurangabad for opinion. 3. The suit filed by the respondents is for specific ( 2 ) wp9060-10 performance of an agreement of sale. The petitioner is defendant No. 2 in that suit. The signatures on the two (2) receipts dated 13-04-2007 and 13-12-2007 were denied by the original defendant No. 1. The defendants submitted an application for sending the said two (2) receipts alongwith agreement of sale for purpose of comparison and opinion by the handwriting expert. The respondents (plaintiffs) challenged the order whereby the disputed documents were forwarded to the private handwriting expert. The respondents filed writ petition No. 597/2010 which came to be dismissed. This Court, however, observed that the respondents were at liberty to seek opinion of the Government handwriting expert at an appropriate stage. After receiving of the opinion from the private handwriting expert, the respondents submitted the application (Exh-84) in the suit (Spl.C.S. No. 104/2009), seeking opinion of the Government handwriting expert on the question of the signatures over the disputed receipts. By the impugned order, the said application came to be allowed. 4. It is amply clear that the respondents were granted liberty by this Court to seek assistance from the trial Court for the purpose of obtaining opinion of the Government handwriting expert. The application was moved by the ( 3 ) wp9060-10 respondents in order to obtain further reasoned opinion from an independent agency i.e. the Government handwriting expert. There is no embargo on filing such second application when the respondents did not give any admission pertaining to the earlier opinion of the private handwriting expert. The learned Civil Judge has exercised the judicial discretion. The impugned order does not suffer from arbitrariness or perversity. Consequently, the petition is without merits and as such, dismissed. [ V.R. KINGAONKAR ] JUDGE NPJ/wp9060-10