IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 52 OF 2008 CHAMBER SUMMONS NO. 52 OF 2008 CHAMBER SUMMONS NO. 52 OF 2008 IN IN IN SUIT NO. 58 OF 2007 SUIT NO. 58 OF 2007 SUIT NO. 58 OF 2007 IN IN IN PETITION NO. 620 OF 2006 PETITION NO. 620 OF 2006 PETITION NO. 620 OF 2006 Bijendra Ramkailash Singh ...Petitioner/ Plaintiff V/s. Mr.Ashok G. Rajanii & Ors. ...Caveators/ Defendants Mr.A.V. Anturkar, Sr.Counsel with Mr.Udaipuri for the Applicant/Petitioner/Plaintiff. Mr.Kamble i/b. A.M. Sarogi for Caveators/Defendants. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : JULY 18, 2008 DATED : JULY 18, 2008 DATED : JULY 18, 2008 P.C. :- P.C. :- P.C. :- 1. Heard Shri Anturkar, learned Senior Counsel appearing on behalf of the plaintiff and Shri Kamble, learned Counsel on behalf of the defendants. 2. It is submitted that the attesting witness is 78 years old and is not keeping well and therefore, it is necessary that his statement should be recorded in expeditious manner. 3. Case is made out by the plaintiff for appointment of Commissioner to record the evidence of the said attesting witness. 4. Chamber Summons is allowed in terms of prayer - 2 - clause (a). 5. Shri H.M. Kambli, Retired Judge of the City Civil Court, is appointed as Court Commissioner. He should record the statement of attesting witness Swami Premdas within four weeks from today. He is requested to complete the recording of evidence and cross-examination also, as expeditiously as possible and preferably within a period of eight weeks. The Caveator shall co-operate with the proceedings before the Court Commissioner. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)