IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO.109 OF 2008 IN TESTAMENTARY SUIT NO.38 OF 1994 IN TESTAMENTARY PETITION NO.756 OF 1993 Manoj S. Nanavati & Anr. ....Plaintiffs V/s. Dr.Nandini M. Dasadia ....Defendant Mr.B.G. Saraf for the Plaintiffs. Mr.D.H. Mehta with Mr.Mahendra Dasadia for the Defendant. CORAM : S.J. VAZIFDAR, J. DATED : 12TH SEPTEMBER, 2008. P.C. : 1. For the reasons stated in the affidavit in support, the Notice of Motion is made absolute in terms of prayer (a). 2. By Consent the evidence shall be recorded by the Commissioner for recording evidence. By consent Mr.T.J. Jain, an advocate of this Court is appointed as a Commissioner for recording evidence. The parties are at liberty to cross-examine the witnesses without prejudice to their objections, if any. In the event of there being any other objections to the evidence, oral or documentary, the parties shall be at liberty to lead further evidence/examination in chief. 3. The costs of the Commissioner shall be paid by the parties equally in the first instance but subject to the orders at the hearing of the suit.