FARKUNDA Vs. ABDUL KHALIQ ANSARI

JUDGEMENT

(1.) The suit in O.S.No.313/2008 is for a decree of specific performance; it has been founded on the agreement to sell dated 05.02.2007; it is filed by the respondent-plaintiff and the petitioners happen to be the defendant; suit is being resisted by filing the Written Statement; after trial of the proceedings an application was moved by the plaintiff's side to refer the subject agreement for the forensic examination; the same having been favoured by the learned trial judge vide order dated 06.06.2016 a copy whereof is at Annexure-H, the petitioners are complaining before the Writ Court.

(2.) After service of notice, the respondent-plaintiff having entered appearance through his counsel vehemently opposes the writ petition arguing in support of the impugned order and the reasons on which it has been structured. He contends that time and again it is reiterated by this court that it is not prudent for the Courts to undertake examination of the documents for ascertaining authenticity of disputed signatures or the scripts without the aid of expert opinion, so contending he seeks dismissal of writ petition.

(3.) Having heard the learned counsel for the parties and having perused the petition papers, this Court declines to grant indulgence in the matter for the following reasons: