1 wp3202.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 3202 OF 2011 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. S.R. Choukidar, Advocate for the petitioner. CORAM : B.P. DHARMADHIKARI, J. DATE : 28th APRIL, 2011 Trial Court has rejected appointment of Commissioner to cross examine witness and therefore, the petitioner-defendant is before this Court. Contention is witness is 75 years old, unable to sit for longer time and unfit to move. He is suffering from hyper tension and infirmity in knees. 2. Trial Court has considered that certificate and also objection of other side. Other side specifically stated that witness is seen daily on road and also attending marriage functions. Court has found that witness can be permitted to sit in witness box, and therefore, can be cross examined in Court. 2 wp3202.11 3. The certificate is not annexed with the Petition. Photostat copy is produced by learned counsel for perusal of this Court. The certificate is dated 09.02.2010 or 2011. Doctor has stated that said witness is under his treatment since last six months for hyper tension with knee disease. He has therefore certified that he is unfit to move and sit for longer time. 4. Trial Court has looked into the certificate and thereafter has reached its own finding. I do not see any perversity in process. As there is no jurisdictional error or perversity, I am not inclined to interfere in the Petition. Petition is rejected. No costs. (B.P. DHARMADHIKARI) JUDGE gas/wp3202.11