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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO.4126 OF 2011

Biban s/o Fakirsab Shaik

Petitioner

Versus

Ramrao s/o Ganpati Dongare & others

Respondents

Mr.S.S.Halkude, advocate for the petitioner.

CORAM : S.S.SHINDE, J.

DATE : 30

th

November, 2011

PER COURT:

1

Learned Counsel for the petitioner submits that the

petitioner has filed application at Exhibit-37 in Regular Civil Suit No.

145/2008 praying therein that the sale deed bearing thumb impression

of the petitioner be sent to the expert for comparing the thumb

impression thereon with the thumb impression on the Register kept at

Sub Registrar Office, Udgir. However, the said application has been

rejected by the trial Court on the ground that the sale deed is a

registered document having two attesting witnesses and two other

persons have filed affidavits stating therein that the document of the sale

deed is a genuine one.

2

Learned Counsel for the petitioner placed reliance on the

reported judgment of the Supreme Court in the case of Jaspal Singh Vs.

State of Punjab, reported in AIR 1979 SC 1708. Re