Rafiq Adam Shaikh and Anr. v. Farukh Abdul Shaikh
Case brief
What is this about?
Writ petition challenging rejection of defendants' application to send an exhibited 99-year lease agreement to a handwriting expert after the plaintiff denied signing it. The High Court found an arguable case, stayed the trial court's order and deferred suit proceedings pending final disposal.
What did the court decide?
Impugned order dated 10.10.2023 stayed; notice issued to respondent returnable on 08.03.2024; trial court asked to defer suit hearing by three weeks.
What the court decided
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.:
- Heard Mr. Kalel, learned Advocate for Petitioners.
- 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
Issues for consideration
1 issue framed by the court
Should defendants be permitted to refer a lease agreement to a handwriting expert where the plaintiff denied executing the exhibited document?
Parties & counsel
- petitioner
Rafiq Adam Shaikh & Anr.
- respondent
Farukh Abdul Shaikh
Coram
Milind N. Jadhav
Case details
As recorded by the court registry
All orders in this case
13 orders share this CNR
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