ORDER :

1. Heard on admission.

2. The petitioner has preferred the present petition under Article 227 of the Constitution of India, being aggrieved by impugned order dated 25.02.2022 passed by First Additional District Judge, Khargone, in RCA No.48/2019, whereby the application under Section 45 of Evidence Act, 1872 read with Section 151 of Code of Civil Procedure, 1908 (for short 'CPC') for getting an opinion of handwriting expert has been dismissed.

3. The brief facts of the case in nutshell are that the respondent No.1/plaintiff herein has filed a civil suit for declaration of title, possession, damages and mesne profits in respect of a land admeasuring 03 acres which as per the alleged family arrangement dated 15.05.1996, Smt. Rampyaribai had declared to give to anyone who served her during her lifetime and the suit was decreed in favour of respondent No.1/plaintiff vide judgment and decree dated 21.10.2019. Thereafter the petitioner has filed an appeal under Section 96 of CPC before the first appellate Court on numerous grounds. During the pendency of appeal, the petitioner/appellant has filed an application under Section 45 of the Evidence Act, read with Section 151 of CPC for o