- (1.)HEARD the learned counsel for the Appellant Shri Shriram Kulkarni, and the learned counsel for the Respondent No.1 Shri Nitin Deshpande. Admit on the following substantial questions of law:-
A] Whether the Courts below could have ignored the opinion of the hand writing expert so as to go to the extent of discarding his evidence in view of the evidence of the witnesses of the Defendant No.1 being DW No.2 and DW No.3 on the ground that the direct evidence would have more weightage and the opinion of the hand writing expert would not impinge upon the same? B] Whether the findings recorded by the Courts below are perverse, and having been rendered in ignorance of the material pleadings and the material evidence led by the parties considering the fact that the Defendant No.1 had admitted the hand loan transaction and thereafter comes out a new theory of additional consideration of Rs.11,000/- for execution of the sale deed ? C] Whether the Defendant No.1 has proved the surrounding circumstances for proving the sale deed as a genuine document by leading sufficient and cogent evidence ?

(2.)WITH the consent of the learned counsel appearing for the parties, the above Second Appeals are taken up for final hearing forthwith.
The above Second Appeals arise out of the Judgment and Orders both dated 18/1/2002 passed the 4th Adhoc Assistant Sessions Judge, Pune by which the Appeals filed by the Appellant herein being Regular Civil Appeal No.20 of 2000 and Regular Civil Appeal 19 of 2000 came to be dismissed and resultantly the decree of dismissal of the suits in question being Regular Civil suit No.1123 of 1988 and Regular Civil Suit No.1621 of 1993 came to be confirmed.

(3.)SINCE the above Second Appeals involve common questions of fact and law, they are being heard together and disposed of by the instant order. The parties would be referred to as per their status in the Trial Court.