: 1 : rp a FARAD FARAD FARAD CONTINUATION SHEET CONTINUATION SHEET CONTINUATION SHEET IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE SIDE SIDE SIDE CIVIL CIVIL CIVIL REVISION APPLICATION NO.555 OF 2007 REVISION APPLICATION NO.555 OF 2007 REVISION APPLICATION NO.555 OF 2007 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s orders or directions and Registrar’s orders -------------------------------------------------------------- Mr.Anilkumar Patil for the Petitioner. Mr.Vijay J.Hegde for the Respondent. CORAM CORAM CORAM : S.J. VAZIFDAR, J. : S.J. VAZIFDAR, J. : S.J. VAZIFDAR, J. DATED DATED DATED : 10TH OCTOBER, 2008. : 10TH OCTOBER, 2008. : 10TH OCTOBER, 2008. P.C. P.C. P.C. : : : . I do not intend expressing any opinion on the merits of the matter including as to any inference to be drawn on the basis of the evidence already available. 2. In the facts and circumstances of this case, an opportunity ought to have been granted to lead expert evidence on the question of the thumb impression. A thumb impression is always easier to verify than hand writing. : 2 : 3. In the circumstances, the impugned orders are set aside. 4. The Civil Revision Application is disposed of with the consent of the parties by the following order : :: :: :: O R D E R :: O R D E R :: O R D E R :: i. The original documents which contain the thumb impression of the Petitioner shall be forwarded by the Trial Court to the Forensic Laboratory, Mumbai for a report as to whether the thumb impression is that of the Petitioner. The Petitioner shall co-operate with the Forensic Laboratory. ii. Upon receipt of the report, the parties shall be entitled to file their objections or lead any evidence in respect thereof. The parties are at liberty to lead the evidence of expert witnesses as regards the thumb : 3 : impression. iii. The Trial Court shall accord to the matter priority on the basis of the date on which the suit was filed. iv. In the first instance both the parties shall appear before the trial Court on 10th November, 2008 at 11.00 a.m. and thereafter as directed by the Trial Court. (S.J.VAZIFDAR,J.) (S.J.VAZIFDAR,J.) (S.J.VAZIFDAR,J.)