1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2955 OF 2009 _____________________________________________________________________ Office Notes, Office Memoranda of Coram, Court’s or Judge’s Orders appearances, Court’s orders or directions and Registrar’s orders Mr.P.S.Dani for the petitioner. Mr.Sameer Singh for the respondent. CORAM : D.B.BHOSALE, J. DATED : 24TH SEPTEMBER, 2009 P.C. :- 1. Heard learned counsel for the parties. 2. Mr.Dani, learned counsel for the petitioner submits that the petitioner would be satisfied if he is given an opportunity to renew his application for referring the disputed signature and thumb impression to the expert after evidence of the constituted attorney of the defendant is over. Mr.Singh, learned counsel for the respondent has no objection for granting such liberty. In the circumstances this writ petition is disposed of as withdrawn with liberty as prayed. The 2 court below shall consider the fresh application, if made, by the petitioner seeking reference of the disputed signature and the thumb impression to the handwriting expert, independently of the impugned order and in the light of the evidence of the plaintiff and the constituted attorney of the defendant. (D.B.BHOSALE, J.)