1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NMS/4234/2008 IN SUIT NO.2102 OF 1981 Rupwanti T. Budhrani & ors. ...Plaintiffs. Vs. Municipal Corporation of Gr.Bombay & anr. ...Defendants Mr.Lal Budhrani, plaintiff no.3 in person. Mr.G.S.Bhat for defendant no.2. CORAM :- ANOOP V. MOHTA, J. DATED :- 5th February, 2010. P.C.- 1 Considering the averments made and in view of the fact that defendant no.2 could not cross-examine the plaintiff, whose evidence was recorded before the Commissioner, I am inclined to grant this Notice of Motion to avoid further delay and in the interest of justice and even otherwise in Notice of Motion No.322/2009, the plaintiff has been granted permitted to file additional documents as well as additional affidavit. Therefore, all other parties including of defendants are entitled to cross- examine the plaintiff. 2 In view of this, Notice of Motion is allowed in terms of prayer (b). 3 With reference to prayer (a), the submission is that the 2 Commissioner could not mark those documents till this date, but closed the evidence. To avoid further delay, it is necessary for the parties to exchange notice to admit the documents referring to all documents including additional documents. 4 The Court will consider the disputed documents, if any. 5 The Notice of Motion is accordingly disposed of in terms of prayer (b). No costs. 6 The Suit is adjourned to 19.03.2010. (ANOOP V. MOHTA, J.)