Mangala Baburao Devkar And Another v. Raibhan Yadav Devkar And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 WRIT PETITION NO. 11325 OF 2018 MANGALA BABURAO DEVKAR AND ANOTHER

VERSUS

RAIBHAN YADAV DEVKAR AND OTHERS ...

Advocate for Petitioners : Mr Bhalerao h/f P P Karegaonkar ...

CORAM : N.M. JAMDAR, J.

Dated: November 24, 2018 ...

ORAL ORDER :- By this petition, the petitioner has challenged the order passed by the learned Civil Judge S.D. Aurangabad dated 4.11.2017 disposing of the application below exh.87 for sending a document relied upon by the respondents/plaintiffs to the hand writing expert. Te perusal of the impugned order shows that the learned Civil Judge S.D. Aurangabad has not rejected the prayer, but has simply stated that it is at premature stage, and, subsequently the prayer would be considered. Since, the claim of the petitioner to ask for sending the document to the hand writing expert is not expressly negatived, no prejudice is caused to the petitioners so as to warrant interference under Article 227 of the Constitution of the India. Writ Petition is accordingly disposed of.

( N.M. JAMDAR, J. ) ...

aaa/-