(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 11330 OF 2010 Gyanba s/o. Ramkisan Gore, Age : 40 years, Occupation : Agriculture, R/o. Kathewadi, Post : Bhogalwadi, Taluka : Dharur, District : Beed. .. Petitioner. versus 1. Sakhubai @ Radhabai w/o. Ramkisan Gore, Age : 75 years, Occupation : Agriculture & Household, R/o. Kathewadi, Post : Bhogalwadi, Taluka : Dharur, District : Beed, At present R/o. Santram Venka Kare, Near Tower of Water Distributory, Shindewadi, Taluka : Majalgaon, District : Beed. 2. Subabai w/o. Haribhau Gawade, Age : 55 years, Occupation : Agriculture, R/o. Shulktheerth Limgaon, Taluka : Majalgaon, Dist. : Beed. .. Respondents. ....................... (2) Mr. S.J. Salunke, Advocate, for the petitioner. Respondent no.1 served (Absent). Mr. B.S. Kudale, Advocate, for respondent no.2. ........................ CORAM : B.P. DHARMADHIKARI, J. DATE : 6TH APRIL 2011 COURT'S ORDER : 1. Heard Adv. Mr. S.J. Salunke, for the petitioner, and Adv. Mr. B.S. Kudale, for respondent no.2. None for respondent no.1 though duly served. 2. The petitioner has challenged the order dated 19-10-2010, passed by the learned Civil Judge (Junior Division), Dharur, below Exhibit 111 in Regular Civil Suit No. 33/2005. 3. The trial court by the impugned order has permitted respondent no.2 to examine her husband as power of attorney. It is challenged by placing reliance upon judgment of Hon. Apex Court reported at AIR 2005 SC 439, in the case of Janki Vashdeo Bhojwani and another Vs. Indusind Bank Ltd. and others. The (3) judgment notices absence of personal knowledge to power of attorney there and, therefore, view has been taken. 4. At present, there is nothing either before trial court or this court to presume absence of such personal knowledge in husband or then any special facts which can be known only to respondent no.2. Therefore, I am not inclined to interfere at this stage. 5. With liberty to the petitioner to approach again, if cause of action arises, present petition is disposed of. No costs. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/11330wp