1 MISC.19.92-TP.499.91(33).sxw mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION MISC. PETITION NO. 19 OF 1992 IN TESTAMENTARY PETITION NO. 499 OF 1991 Kamruddin Ismail alias John While William Deceased Mrs. Hafiza Khatoon W/o. Kamruddin Ismail Shaikh ...Petitioner alias John White William Vs. Iqbal Mohamed Abdul Rehman ...Respondent And Mrs. Zeenat Iqbal Mohammed Abdul Rehman ...Opponent Ms. Shaila R. Pandey for Petitioner Mr. Deepak Pandey i/b. C.N. Kumar for Petitioner 5(a) to 5(c) Mr. R.D. Thorat for Respondent No.2 CORAM : MRS. ROSHAN DALVI, J. DATED : 7TH MAY, 2012 P.C. : 1. The Petitioner in Petition No.15 of 1992 has tendered oral and documentary evidence. The admissibility of her documents is considered. 2. Affidavit of examination-in-chief of the Petitioner in this Petition is taken on record. The Petitioner does not rely upon any documents. 3. The Petitioner in this Petition also shall have to be cross examined before the Court Commissioner. The same 2 MISC.19.92-TP.499.91(33).sxw Commissioner appointed in Petition No.15 of 1992 shall be the Commissioner in this Petition. 4. Parties shall appear before the Commissioner for cross examination of this Petitioner after the cross examination of the Petitioner in Petition No.15 of 1992 is complete. 5. Since the Petitioner in Petition No.15 of 1992 has sought to produce evidence of three other witnesses to identify the documents marked for identification that evidence shall proceed after the cross examination of the Petitioner in this Petition is complete. 6. Issue witness summons upon the Manager of Vijaya Bank Limited at the date time and place to be specified by the Commissioner who would record evidence in this Petition to produce before the Commissioner the account opening form and the specimen signature card of opening of Savings Account standing in the name of the Petitioner and to identify the passbook issued to the Petitioner. 7. Issue witness summons upon the Manager of Haj Committee and the Manager of the Cemetery where the deceased has been buried to appear on the date, time and place mentioned by the Commissioner for recording evidence in the above petition to identify the documents marked for identification and to give related evidence. 3 MISC.19.92-TP.499.91(33).sxw 8. This Petition also shall be placed on board along with Petition No.15 of 1992 after the entire evidence in Petition No.15 of 1992 is completed as directed today. (ROSHAN DALVI, J.)