1 IN THE PARSI CHIEF MATRIMONIAL COURT AT BOMBAY NOTICE OF MOTION NO.11 OF 2009 IN PARSI SUIT NO.45 OF 2007 Roshan Dadi Cooper .. Plaintiff versus Dadi Eruchshaw Cooper .. Defendant Ms.Indu Varma i/by Sreeneeti for the plaintiff. CORAM : A.S.OKA, J. DATE : 16th December 2009. P.C: . Heard learned counsel appearing for the plaintiff in support of the notice of motion. She states that the defendant is served with this notice of motion. None appears for the defendant. My attention is invited to order dated 6th March 2009 passed by this Court in Notice of Motion No.1 of 2009 taken out in the same suit. By the said order, by consent of the parties, the Prothonotary and Senior Master of this Court was directed to appoint an officer to visit the suit flat to make an inventory of the articles and belongings of both the parties. Further directions were issued to the Commissioner under the said order. 2. On 27th April 2009, the suit was decreed by passing a consent decree. By the said judgment and decree, this Court directed the Commissioner appointed in pursuance of the order dated 6th March 2009 to take necessary steps to effectuate the agreement which has been arrived at between the parties. 3. In the affidavit in support, a grievance is made that the Court 2 Commissioner could not implement the orders of this Court on account of non co- operation on part of the defendant. 4. The averments made in the affidavit in support have not been denied. In the circumstances, appropriate directions will have to be issued to the Court Commissioner. 5. The notice of motion is disposed of by passing following order: : O R D E R : (a) The Court Commissioner who is appointed in pursuance of order dated 6th March 2009 is directed to implement the order of this Court dated 6th March 2009 read with judgment and decree dated 27th April 2009. The Commissioner shall complete the commission work on or before 31st January 2010. After completing the work, the Commissioner shall submit a report to this Court. (b) The report shall be placed before this Court on 5th February 2010. On that day, the remuneration and/or fees payable to the Commissioner will be determined. (c) Notice of motion is disposed of in above terms. (d) The Court Commissioner to act upon an authenticated copy of this order. (e) The advocate on record for the plaintiff will serve a copy of this order to the defendant. (A.S.OKA,J)