Rafiq Adam Shaikh and Anr. v. Farukh Abdul Shaikh

6. CIVIL WP-1867-2024.docx

Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 1867 OF 2024

Rafiq Adam Shaikh & Anr. .. Petitioners Versus Farukh Abdul Shaikh .. Respondent

• Mr. Siddheshwar Baba Kalel for Petitioners

CORAM : MILIND N. JADHAV, J. DATE : FEBRUARY 16, 2024

P. C.:

1. Heard Mr. Kalel, learned Advocate for Petitioners.

1. Present Writ Petition takes exception to the order dated 10.10.2023 passed in Application below Exh. 56 filed by Defendants. The Application was filed for referring agreement marked below Exh. 30/1 to the handwriting expert’s along with a specimen signature of the Plaintiff. Mr. Kalel for the Defendants in the Suit would submit that admittedly Plaintiff has given possession of suit property to Defendants by executing agreement for lease for 99 years on 05.07.2008. He would draw support for this submission from the Suit plaint itself where there is an admission by Plaintiff. The reason and necessity that has arisen for seeking the handwriting expert’s opinion / report is due to the fact that during witness action when the Plaintiff was confronted with the original agreement, Plaintiff has denied having put his signature on the said document. The aforesaid lease