: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO.95 OF 2008 IN NOTICE OF MOTION NO.32 OF 2008 IN SUIT NO.87 OF 2000 IN TESTAMENTARY PETITION NO.312 OF 2000 Jehangir A. Rabadi & Anr. ....Plaintiffs V/s. Ms.Tehmi N. Mukadum ....Defendant Ms.Geeta Mulekar for the Plaintiffs. None for the Defendant. CORAM : S.J. VAZIFDAR, J. DATED : 5TH SEPTEMBER, 2008. P.C. : 1. For the reasons stated in the affidavit in support of the Notice of Motion, the Notice of Motion is made absolute in terms of prayer (a). 2. The evidence shall be recorded on commission. Ms.S.M. Dandekar, an advocate of this Court is appointed as a Commissioner for recording evidence. The parties are at liberty to cross-examine the witnesses without prejudice to their objections, if any. If the objections are raised, the parties will be at liberty to lead further evidence. : 2 : 3. The costs of the Commissioner shall in the first instance be paid equally by the parties but subject to the orders at the hearing of the suit. 4. For convenience and for the purpose of examining and cross-examining the witnesses, the parties shall be entitled to refer to a xerox copy of the original Will which is presently in the custody of the Court duly authenticated by an officer from the Testamentary Department of this Court. In the event of the parties requiring the original Will for any reason, they are at liberty to apply to the Court. It is clarified that the appointment of the Commissioner shall be for all the claims in the proceedings.