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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH
M. S. JAWALKAR
Santosh S/o Baburao Gayakwad – Appellant
Versus
Punit Pramod Grover – Respondent
JUDGMENT :
M.S. JAWALKAR, J.
1. Heard learned Counsel for petitioner and learned Counsel for respondent No. 2.
2. The petitioner is challenging the legality of impugned Order dated 26.08.2024 below Ex.141 passed by the Trial Court, in Spl. C.S. No. 626/2016 between Santosh Vs. Punit and others, thereby allowed the application filed by respondents under Order 26 Rule 10 read with Section 151 of Code of Civil Procedure, 1908, seeking issuance of commission to examine authenticity of signatures of defendants on agreement to sell dated 28.06.2016.
3. The case of the plaintiff before the Trial Court is that the original defendants i.e. Shri Punit Grover and Smt. Rohini Punit Grover entered into an agreement to sell, their immovable property for valuable consideration of Rs.26,51,000/- to petitioner and out of total agreed sale consideration, a sum of Rs.5 Lakhs was paid by petitioner by cash and a sum of Rs.51,000/- was paid by petitioner by Cheque dated 15.07.2016 to the respondents and it was agreed that balance sale consideration would be paid by petitioner to the respondents at the time of execution and registration of the Sale Deed.
4. Even after repeated demand of the petitioner, the r
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