Dismissed

Rambhao Mahadev Raut and Ors. v. Bansi Shankar Ghadge and Ors.

Bombay HC10 Sept 2004WP/5428/2003

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed to challenge a Writ Petition dismissing an application. The Court issued directions regarding the production of disputed signatures for handwriting analysis in the underlying appeal before dismissing the petition. Subsequently, a Civil Application was also disposed of in light of the writ determination.

What did the court decide?

Directions issued for production of disputed signatures; Writ Petition disposed of; Civil Application disposed of.

Rambhao Mahadev Raut and Ors. Vs Bansi Shankar… — Civil Procedure and Limitation | Bombay HC (2004)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.5428 OF 2003

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Rambhao Mahadeo Raut & Ors...Petitioners.

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v/s.

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Bansi Shankar Ghadage & Ors. ..Respondents.

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Shri S.S.Patwardhan, advocate for petitioners.

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CORAM: D.B.BHOSALE, J.

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DATE : 10TH SEPTEMBER, 2004.

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P.C. :-

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1.This petition is directed against the order dated
3/5/2003 rendered by the Joint Charity Commissioner
below Exh.23 in Appeal No. 36 of 2002 by which the
application of the respondents was allowed. In Exh.
23-application the respondents prayed for sending the
disputed and admitted signatures of the petitioners for
opinion of the handwriting expert. The application was
allowed and the following directions were given :

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2.The disputed and admitted

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signatures and also handwriting

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under change report No. 536/02
be sent for expert opinion on
payment of token amount of
Rs.1,000/- asking them to
undertake full payment of
handwriting expert.

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3.The document be sent to
handwriting experts Pune or
Aurangabad for examination and
opinion.

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4. After expert opinion the case be fixed for final hearing."

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2.Mr.Patwardhan, Learned counsel for the
petitioners on instructions states that he is not
pressing this petition and petitioners will be
satisfied if the directions are given to the
respondents to place on record disputed signatures
forthwith for sending them to the handwriting expert
alongwith the admitted signatures of the petitioners
within a time fram.

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3. I have perused the impugned order and the other

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material placed before me. In my opinion the following
order will meet the ends of justice.

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a)The respondents are directed to place on
record the disputed signatures of the petitioner
within 5 weeks from the date of production of
this order before the Joint Charity Commissioner.

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b)Petitioners undertakes to communicate a
copy of this order to the respondents by
Registered AD and under postal certificate within
15 days from today.

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c)On production of the disputed signatures
of the petitioners on record, the same may be
forwarded alongwith an admitted signatures to the
handwriting experts within two weeks therefrom.

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d)If the respondents fail to produce on
record the disputed signatures within the time
framed, the Joint Charity Commissioner shall
ignore the impugned order dated 3/5/2003 and
proceed with the hearing of the appeal. Petition
is disposed of.

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JUDGE.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO.1927 OF 2004

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IN

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WRIT PETITION NO.5428 OF 2003

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Rambhao Mahadeo Raut & Ors...Petitioners.

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v/s.

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Bansi Shankar Ghadage & Ors. ..Respondents.

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Shri S.S.Patwardhan, advocate for petitioners.

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CORAM: D.B.BHOSALE, J.

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DATE : 10TH SEPTEMBER, 2004.

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P.C. :-

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1.In view of the order passed in the Writ Petition
the Civil Application is disposed of.

Rambhao Mahadev Raut and Ors. v. Bansi Shankar Ghadge and Ors.

Case brief

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Rambhao Mahadev Raut and Ors. v. Bansi Shankar Ghadge and Ors.

Case brief

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What did the court decide?

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