- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION. ORIGINAL CIVIL JURISDICTION. ORIGINAL CIVIL JURISDICTION. jmi SUIT NO.3966 OF 1994 WITH NOTICE OF MOTION NO.1255 OF 2009 IN SUIT NO.3966 OF 1994 M/s.Kays Associates (Regd.) ..Plaintiffs. vs. Mohamed Akil Gulam Mohamed Patil @ Patel & Ors. ..Defendants. WITH SUIT NO.3970 OF 1994 WITH NOTICE OF MOTION NO.1254 OF 2009 IN SUIT NO.3970 OF 1994 M/s.Kays Associates (Regd.) ..Plaintiffs. vs. Mrs.Ajijabanu Gulam Mohamed Patil @ Patel & Ors. ..Defendants. WITH SUIT NO.3971 OF 1994 WITH NOTICE OF MOTION NO.1253 OF 2009 IN SUIT NO.3971 OF 1994. M/s.Kays Associates (Regd.) ..Plaintiffs. vs. Shri Mohamed Hanif Gulam Mohamed Patil @ Patel & Ors. ..Defendants. .... Mr.R.D. Suryawanshi, for Plaintiffs, in all matters. Mr.Ketan A. Chothani, for Defendant Nos.1 to 3, in Suit No.3966/1994 & for Defendant Nos.1 to 4, in Suit No.3970/1994 & for Defendant Nos.1 & 2, in Suit No.3971/1994. .... CORAM CORAM CORAM: S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. DATE DATE DATE : 21ST APRIL, 2009 : 21ST APRIL, 2009 : 21ST APRIL, 2009. - 2 - P.C.: P.C.: P.C.: . Office to make a note of the fact that all the chamber orders in all the three suits have been disposed of and Office should not show any of the chamber orders on board in future. 2. The learned Advocate for the parties by consent have agreed that Shri Prakash Ganwani, Advocate, be appointed as Court Commissioner to record evidence in the suits. Accordingly, Shri Prakash Ganwani is appointed as Court Commissioner to record the evidence in all the three suits. The learned Commissioner after recording cross-examiation of all the witnesses of the plaintiffs, shall submit his report to this Court on or before 22nd June 2009. It is agreed that the cost of the Commissioner for recording evidence shall be borne by the parties qua their respective witnesses. 3. All the three notice of motions stands disposed of. 4. Place all the three suits on 22nd June 2009 for Commissioner’s report. The learned Advocates for the parties have agreed to convey this order to the Court Commissioner. - 3 - [S.J.KATHAWALLA, [S.J.KATHAWALLA, [S.J.KATHAWALLA, J.] J.] J.]