1 wp 8381.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8381 OF 2011 Smt. Ushatai W/o Eknath Nimbalkar, Age : 84 Years, Occu. : Household, R/o Yashwant Housing Society, Nagar Aurangabad Road, Ahmednagar, Dist. Ahmednagar. .. Petitioner Versus 1. Arvind S/o Eknath Nimbalkar, Age : 66 Years, Occu. : Business, R/o Plot No. 6, Survey No. 11, Rasnenagar, Savedi, Ahmednagar, Dist. Ahmednagar. 2. Shri Rajendra S/o Eknath Nimbalkar, Age : 56 Years, Occu. : Agril., & Business, R/o Yashwant Housing Society, Nagar-Aurangabad Road, Ahmednagar, Dist. Ahmednagar. 3. Nandadevi W/o Namdeo Borahade, Age : 53 Years, Occu. : Household, R/o Padampura, Aurangabad. 4. Ratnamala W/o Diliprao Kaulavkar, Age : 49 Years, Occu. : Household, R/o Tarabai Park, Kolhapur, Dist. Kolhapur. 2 wp 8381.11 5. The Chairman/Secretary, Yashwant Housing Society, Nagar-Aurangabad Road, Opposite D.S.P. Office, Ahmednagar, Dist. Ahmednagar. 6. The Chairman/Secretary, New Daryavihar Co-operative Housing Society, H (West) Ward No. 2094 (A), Off Quarter Road, Bandra, Mumbai. 7. The Managing Director, R.P.G. Cables Limited, Sit Mahal, 463, Annie Bazent Road, Warli, Mumbai. 8. The Chairman/Secretary, Meeranagar Terrace Co-operative Housing Society, Koregaon Park, Ghorpadi, Pune - 411 001. .. Respondents Shri Y. V. Kakade, Advocate for the Petitioner. Shri Nimbalkar, Advocate h/f Shri V. D. Salunke, Advocate for the Respondent No. 1. CORAM : S. V. GANGAPURWALA, J. DATE : 15TH DECEMBER, 2011. ORAL JUDGMENT : . Rule. Rule returnable forthwith. With the consent of 3 wp 8381.11 parties taken up for final hearing. 2. The present petitioner is the original defendant No. 1. The present respondent No. 1 has filed suit for partition and separate possession. The evidence of the plaintiff is concluded. Initially, adjournment was sought by the defendant No. 1 for adducing evidence. Thereafter, an application was made by the defendant No. 1 seeking permission to record the evidence by Commissioner. The said application is rejected. Aggrieved thereby present petition is filed. 3. Heard Shri Kakade, the learned counsel for the petitioner and Shri Nimbalkar, the learned counsel for the respondent No. 1. 4. The prayer that was made by the present petitioner vide application Exhibit 139 was restricted to the extent that the evidence of the defendant No. 1 be recorded by a Court Commissioner. The age of the petitioner shows that the petitioner is a age-old lady of 84 years. The medical certificate is also produced on record of doctor. In such circumstances, there was no impediment for the Court below to allow the application 4 wp 8381.11 considering the advanced age of the petitioner and the medical certificate produced. It would be in the fitness of things to allow the said application. 5. In the result the application Exhibit 139 is allowed. The evidence of the petitioner be recorded by Court Commissioner. The Trial Court shall appoint the Court Commissioner to record the evidence of the present petitioner. The charges of the Court Commissioner shall be borne by the present petitioner. The evidence of the petitioner shall be recorded expeditiously and without any further delay. 6. Taking into account the relations between the parties and the nature of the suit and the fact that the suit is pending since the year 2005, the Trial Court shall make an endeavor to dispose of the suit as expeditiously as possible and preferably within a period of six (6) months from today. Rule is accordingly made absolute in above terms, however with no order as to costs. Sd/- [ S. V. GANGAPURWALA, J. ] bsb/Dec. 11