IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.439 OF 2006 APPEAL NO.439 OF 2006 APPEAL NO.439 OF 2006 IN NOTICE OF MOTION NO.1638 OF 2003 IN SUIT NO.3275 OF 1987 P.K.Thilakan .. Appellant V/s Vithala N.Shetty .. Respondents Mr.Mahesh Menon for the Appellant. Mr.M.C.Hegade i/by M/s.B.Mohidin for the Respondents. CORAM: DR.S.RADHAKRISHNAN & CORAM: DR.S.RADHAKRISHNAN & CORAM: DR.S.RADHAKRISHNAN & S.J.VAZIFDAR, JJ. S.J.VAZIFDAR, JJ. S.J.VAZIFDAR, JJ. DATE : 28TH JULY, 2006. DATE : 28TH JULY, 2006. DATE : 28TH JULY, 2006. P.C.: P.C.: P.C.: 1. After hearing the learned Counsel for both the parties, the parties have agreed to have the evidence recorded by a Commissioner in Suit No.3275 of 1987. By consent of both the parties, the Hon’ble Judge S.R.Shah (Retired) is appointed as the Commissioner. The parties shall also file the affidavits in lieu of examination-in-chief before the learned Commissioner. The objections, if any, to the evidence including in respect of any documents shall be recorded by the learned Commissioner. The parties are at liberty to cross examine the witnesses without prejudice to their objections. 2. We make it clear that the learned Commissioner as well as the learned Judge finally disposing of the above suit, need not be influenced by the observations made by the learned Single Judge in the impugned order dated 5th August, 2005 passed in the Notice of Motion No.1638 of 2003. 3. In view of the above, we are not entertaining this Appeal at this stage. Appeal stands disposed of. (DR.S.RADHAKRISHNAN, J.) (DR.S.RADHAKRISHNAN, J.) (DR.S.RADHAKRISHNAN, J.) (S.J.VAZIFDAR,J.) (S.J.VAZIFDAR,J.) (S.J.VAZIFDAR,J.)