Santosh Tanka Mali And Others v. Annapurnabai Daga Patil And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 952 WRIT PETITION NO.12618 OF 2021 SANTOSH TANKA MALI AND OTHERS

VERSUS

ANNAPURNABAI DAGA PATIL AND OTHERS ...

Advocate for Petitioners : Mr. Shailesh P. Brahme Advocate for Respdt Nos.1, 2A to 2C & 3 to 10 : Mr. M.V. Bhamre ...

CORAM : SANDEEP V. MARNE, J.

DATE : 24-11-2022 PER COURT :

.

By this petition, petitioners have assailed order dated 01.10.2021 passed by Civil Judge Junior Division, Shindkheda rejecting petitioners' (defendant nos.1 to 4) application for referring additional documents to handwriting expert for verification of genuineness of signatures of deceased Daga Bhaidas Patil and plaintiff no.2. On an earlier occasion, defendant nos.1 to 3 had sought reference of 14 documents to the handwriting expert. By order dated 12.01.2021 the trial Court allowed three documents to be sent to the Coordinator, Central Forensic Science Laboratory, Pune for signature verification.

2.

The report was received concluding that since there is a time gap of 16 years between the questioned documents and

admitted documents, a concrete opinion could not be given about the authorship of signatures.

3.

Defendant nos.1 to 3 thereafter submitted one more application dated 28.02.2022 for reference of documents at Exh.12, 30, 50, 120, 174, 204 to 207, 273 and 1125 for verification. Apart from the fact that the verification of the very same documents was earlier sought and once rejected, the trial court has recorded a finding that there is similar time gap of more than 16 years in respect of those documents as well.

4.

In these circumstances, the trial Court has rightly rejected petitioners' application. The petition is devoid of merits and the same is dismissed without any orders as to costs. ( SANDEEP V. MARNE, J. ) GGP