1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 40 OF 2009 IN TESTAMENTARY SUIT NO. 36 OF 1984 IN TESTAMENTARY PETITION 449 OF 1984 Vijayprakash Chandrarao Sawant. ...Plaintiff/Petitioner. Vs. Ramakant Chandrarao Sawant & Ors. ...Defendants. Mr. Vrishabh Shah i/by Apex Consillis for the Plaintiff/Petitioner. Mr. R.V. Thorat with P.J. Thorat i/by Aniketa Sawant for Defendant No. 4. CORAM :- ANOOP V. MOHTA, J. DATED :- 23rd JUNE, 2009. P.C.- 1. By consent, the parties have agreed to appoint Mr. Joseph Naz as a Commissioner from Goa High Court. The place of recording evidence will be at Panaji (Goa). As this order is by consent and considering the averments made, the prayer clause (a), (b) & (c) is granted subject to above modification by keeping all points open. SKT/- 2 2. Both the parties are at liberty to lead the evidence of their respective witnesses, if necessary. 3. The Commissioner to complete the recording of evidence of witnesses within a period of six months. 4. The Notice of Motion is accordingly disposed of. 5. The Commissioner’s cost will be share by the parties and the parties will bear their personal cost. (ANOOP V. MOHTA, J.) SKT/-