The single-judge bench allowed the petitioner's petition directing the lower court to send a disputed agreement for examination by a handwriting expert and submit an opinion within a time-bound order.
Petitioner was permitted to have the disputed document examined by a handwriting expert; directed to submit time-bound order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 6578 OF 2005
Shri Ramakant Ramchandra Mhatre ..Petitioner
Versus
Shri Ramdas Janardan Patil & Ors. ..Respondents.
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Mr. A.P. Rege for the Petitioner.
Mr. R.S. Datar for the Respondents.
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CORAM : S. A. BOBDE, J.
DATED : 24TH OCTOBER, 2005.
P.C.:
1. Rule returnable forthwith. Mr. Datar,
Advocate for the Respondents appears and waives
service of Rule. Heard by consent.
2. This petition is directed against the order,
rejecting the permission to the petitioner to have the
disputed agreement examined by a hand writing expert
on the ground of delay.
3. Admittedly, this application was made after
the defendant denied the signature on the document.
4. Having regard to the fact that the document is
crucial and its authenticity needs to be verified and
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it is in the custody of the court, it would be
appropriate in the interest of justice to allow this
petition with a direction to the court to send the
document for examination by a hand writing expert.
5. The court is directed to make a time bound
order, directing the expert to submit his opinion.
6. Rule is made absolute in the above terms.
DT. 24.10.05 (S.A.BOBDE,J)
1 issue framed by the court
Whether to allow the petitioner's petition seeking permission to have a disputed agreement examined by a handwriting expert despite alleged delay.
Shri Ramakant Ramchandra Mhatre
Shri Ramdas Janardan Patil
S. A. Bobde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court