Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 4530-19 in S.C.Suit no.8361-1988
1 Date :03.02.2020
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 4530 OF 2019
IN
S.C. SUIT NO. 8361 OF 1988
(CNR MHCC01 0123552019 )
Dattaram Parshuram Acharya & Ors. .. Plaintiffs
Versus
Balmukund Parshuram Acharya & Ors. .. Defendants
Appearances :
Plaintiff in person present.
Adv.Shital Jadhav for plaintiff.
Adv.Rabindra Hazari a/w Adv.Khozem Mukhtiar for defendant
no.6 and 7.
Coram : His Honour Judge
Shri. A.H.Laddhad
Judge
CR No. : 07
Date : 03.02.2020
ORDER
1. Defendant no. 6 and 7 have filed instant Notice of Motion for
appointment of commissioner to examine Mrs. Pramila Martand
Rege, plaintiff no. 2 as their witness. The Notice of Motion is
formally opposed by the advocate of plaintiff.
2. Heard both the sides. Perused Notice of Motion. My
predecessor vide order dated 21.02.2019 allowed to examine
Plaintiff No. 2 as defendant witness. During pendency of trial the
plaintiff no. 1 produce several documents showing that the
plaintiff no. 2 is unable to attend the Court. Thus, looking to the
aforesaid factual aspect, Notice of Motion needs to be allowed. In
fact, it is the plaintiff who should remain present. In my view, cost
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2 Date :03.02.2020
of commission needs to be paid by both the sides. Thus, I proceed
to pass the following order :
ORDER
1. Notice of Motion No. 4530 of 2019 is allowed in terms of
prayer clause (a).
2. Registrar is hereby requested to appoint Retired Judge as
Commissioner to record evidence of witness of Mrs. Pramila
Rege at her residential address.
3. Parties to bear cost of commission and other charges equally.
4. Commissioner is requested to complete the entire evidence
within 30 days if possible from the date of appointment of
commissioner.
(A.H.Laddhad)
Judge,
City Civil and Sessions Court,
Dated : 03.02.2020 Greater Bombay.
Dictated on : 03.02.2020
Typed on : 04.02.2020
Draft Submitted on : 04.02.2020
Checked on : 07.02.2020
Signed on : 07.02.2020
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3 Date :03.02.2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
07/02/2020 at 4.00 p.m. (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
03/02/2020
JUDGMENT/ORDER signed by P.O.
on
07/02/2020
JUDGMENT/ORDER uploaded on 07/02/2020
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NM 4530-19 in S.C.Suit no.8361-1988
4 Date :03.02.2020
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