1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION CHAMBER SUMMONS NO. 38 OF 2009 IN SUIT NO. 16 OF 2007 IN PETITION NO. 475 OF 2003 Suresh Hemmady ........Plaintiff versus Dinesh Pandurang Bellare ........Defendant. Mr. Ajit B. Shrikhande adv. for the Plaintiff Mr. B. G. Saraf adv. for the Defendant CORAM: A. P. DESHPANDE, J. DATED : 22nd APRIL, 2009. P.C.: 1. By the present chamber summons two fold prayers are made : (1) for expediting the hearing of the suit and (2) to appoint a Commissioner for recording evidence of Dr.(Mrs.) Sudha Prabhakar Desai who is an attesting witness to the will of the deceased. The said witness is a resident of Pune. In the affidavit in support of the chamber summons it is stated in para 5 that Dr. (Mrs.) Sudha P. Desai is aged 69 years and is not keeping good health. It is further stated that she is suffering from arthritis in the knee, her movements are restricted and hence a prayer is made for appointment of Commissioner to record 2 evidence of the said attesting witness at Pune. The learned counsel for the plaintiff submits that the plaintiff would bear the costs of the Commissioner. Both the learned counsel appearing for the respective parties, suggests the name of Mr. Vishal Tanade to act as a Commissioner for recording the evidence of Dr.(Mrs.) Sudha Prabhakar Desai. In the result rule is made absolute in terms of prayer clause (b). The Commissioner shall complete the recording of evidence of Mrs. Sudha P. Desai within a period of three months from today and submit the papers to the court. Parties to approach the Commissioner. (A. P. DESHPANDE, J.)