Dattanand B. Natalkar v. Madhukar Vishwanath Waghadkar (Since Decd) Lrs. And ORS.

Rane 1/2 WP-12962-2016 (sr. 503) 10.7.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12962 OF 2016 Dattanand B. Natalkar .....Petitioner V/s.

Madhukar Waghadkar (since deceased) and Ors.

....Respondents **** Mr. Bhushan Walimbe, Advocate for the petitioner. None for the respondents.

CORAM : SANDEEP K. SHINDE, J.

CORAM : SANDEEP K. SHINDE, J.

Wednesday, 10 Wednesday, 10th th July, 2019.

July, 2019.

P.C. :

P.C. :

1.

Plaintiff's application for referring the signature of the deceased defendant, Madhukar Waghadkar, to handwriting expert for verification has been dismissed on 28th April 2016, against which the

Rane 2/2 WP-12962-2016 (sr. 503) 10.7.2019 plaintiff in Regular Civil Suit No. 301 of 1992 has preferred this writ petition.

2.

Mr. Walimbe, learned Counsel for the petitioner submits that, Regular Civil Suit No. 301 of 1992 has been dismissed by the trial Court. However, he submits that, he may be granted liberty to challenge the impugned order in the appeal against the decree in the suit. If at all, the impugned order has had bearing over the decision in the suit, petitioner is at liberty to raise the ground in the Memorandum of appeal. Liberty as prayed is granted.

3.

Petition is dismissed with liberty granted in aforesaid terms.

(SANDEEP K. SHINDE, J)