Imam Bagad Mulani Alias Shaikh Died Through Its Lrs Mehboob Imam Shaikh And Others v. Mahebub Pasha Rahman Mulani Shaikh And Others

2025:BHC-AUG:25956

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1 WRIT PETITION NO. 15935 OF 2023 IMAM BAGAD MULANI ALIAS SHAIKH DIED THROUGH ITS LRS MEHBOOB IMAM SHAIKH AND OTHERS

VERSUS

MAHEBUB PASHA RAHMAN MULANI SHAIKH AND OTHERS ...

Advocate for the Petitioner : Mr. Urgunde Suhas P. ...

CORAM

: ARUN R. PEDNEKER, J.

Dated : September 22, 2025 PER COURT :- 1.

Heard the learned counsel for the petitioners. 2.

By way of present writ petition, the petitioners challenge the impugned order dated 16.3.2020 passed by the learned Civil Judge, Junior Division, Ausa in R.C.S. No. 97/2009 by which application filed by the plaintiffs/petitioners for resending the document as per Exh. 53 for the opinion of Hand writing expert is rejected.

3.

The order is passed in the year 2020 and this writ petition is filed in the year 2022 and taken up for listing in 2025. There is substantial delay in challenging the impugned order. The trial Court has also observed that the specimen signature along with the signature on the sale deeds which are required to be compared are not available and it is difficult for the hand writing expert to give any opinion.

4.

In absence of admitted signature provided for comparison, the impugned order cannot be faulted with. I see no error in the impugned order passed by the trial Court. The writ petition is dismissed accordingly. ( ARUN R. PEDNEKER, J. ) ssc/