Rohidas Prabhu Kamble And Another v. Dnyaneshwari Tulshiram Kamble And Others

2025:BHC-AUG:4833

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 13257 OF 2024 Rohidas Prabhu Kamble And Another

VERSUS

Dnyaneshwari Tulshiram Kamble And Others Ms. S. G. Mapari, Advocate for Petitioners

CORAM

: R. M. JOSHI, J.

DATE : 18th February, 2025 PER COURT :- 1.

Learned counsel for the petitioners, on instructions, seeks withdrawal of the petition with liberty to file application for comparison of the signature on the will with admitted signature of Sakhubai. 2.

Impugned order is passed at the stage when parties are yet to start their evidence. In such circumstances, no interference is caused therein. Defendant Nos. 2 and 4 however are granted leave to make appropriate application at the stage of evidence of the defendant for the said purpose. If any such application is filed, Trial Court is expected to decide the same on merit. Application should not be decided merely for the reason that leave is granted by this Court. 3.

Petition stands dismissed in the above terms. (R. M. JOSHI, J.) bsj 901-WP-13257-2024.odt