Siraj Alam Shaikh And Another v. Chandbi Jahiruddin Shaikh And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 915 WRIT PETITION NO. 3347 OF 2024 Siraj Alam Shaikh & another ....Petitioners

VERSUS

Chandbi Jahiruddin Shaikh & others .....Respondents .....

Mr. K. N. Shermale, Advocate for the Petitioners. Mr. C. K. Shinde, Advocate holding for Mr. T. C. Shinde, Advocate for Respondent Nos. 1 to 3.

CORAM : R. M. JOSHI, J.

DATE : 6th MARCH, 2025.

PER COURT :

1.

This petition takes exception to the order dated 04.12.2023 whereby the Trial Court has allowed application for sending disputed document i.e. will-deed of father of plaintiff to the handwriting expert of the Government department. 2.

During the course of hearing, grievance of the petitioners seemed to the subsequent application filed by plaintiff for appointment of the private handwriting expert. 3.

Learned counsel for petitioners makes a statement that if the respondents/original plaintiffs are not pressing the said

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Learned counsel for Respondents, on instructions, makes a statement that he will not press the application Exhibit 58 before the Trial Court.

5.

In view of above, impugned order dated 04.12.2023 is maintained. The document in question be send to Crime Investigation Department, Maharashtra State, Near Pune University, Pashan Road, Pune. The cost of the same shall be borne by Respondents.

( R. M. JOSHI) Judge dyb