1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 388 OF 2010 VINITA SATYANARAYAN LOHIYA AND OTH. . -: versus :- SMT. KAMLA MOHANLAL KHAITAN Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri N.S.Khandewale, Advocate for Petitioners. Shri G.G.Modak, Advocate for Respondent. CORAM : B.P. DHARMADHIKARI, J. DATED : APRIL 26, 2010. 1. Heard finally. 2. Following order is passed by consent. (i) The impugned common order dated 29.12.2009 passed in R.C.S. Nos. 312/2004, 313/2004 and 314/2004, appointing handwriting expert as Court Commissioner at this stage is set aside. (ii) Application at Exh.92 in RCS No.312/04, application at Exh.90 in R.C.S.No.313/04 and application at Exh.78 in R.C.S. No.314/04, moved by respondent/ plaintiff are restored back to file. 2 (iii) After the petitioners/ defendant closes her evidence the trial Court shall be free to consider those applications and find out whether, still appointment of Court Commissioner for the said purpose is necessary. The said exercise will be undertaken uninfluenced by its earlier common order dated 29.12.2009, impugned in this petition. (iv) The petitioner shall pay two sets of Court fees, in addition, in present petition and thereafter only this order shall become operative. 3. The Writ Petition is accordingly allowed with no order as to costs. JUDGE RR