Hasan Ismile Sayyed v. Shabbir Mehboob Shaikh

956-WP-2960-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2960 OF 2018 HASAN ISMILE SAYYED

VERSUS

SHABBIR MEHBOOB SHAIKH ...

Advocate for Petitioner : Shri R.E. Khillare ...

CORAM : RAVINDRA V. GHUGE, J.

DATED : 23rd March, 2018.

...

PER COURT :- 1] The petitioner/original plaintiff is aggrieved by the order dated 22/07/2016, by which the Trial Court rejected the application Exhibit 21 and declined to send the sale-deed dated 31/03/1997 to the hand-writing expert.

2] Learned counsel for the petitioner has strenuously criticized the impugned order.

3] I find from the observations of the Trial Court that as the genuineness of the sale-deed and the hand-writing and thumb impression appearing thereon can be proved by following the procedure under Section 45, 47, 67 and 73 of the Indian Evidence Act, the said sale-deed could be proved by

956-WP-2960-18.odt examining the author or the scribe or the attesting witness. 4] I do not find that the impugned order could be termed as being perverse or erroneous so as to cause an interference.

5] Thus, the petition being devoid of merit is, therefore, dismissed.

(RAVINDRA V. GHUGE, J.) shp/-