1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.85 OF 2008 IN PETITION NO.124 OF 2003 CONVERTED INTO SUIT NO.33 OF 2003 Smt.Anila Krishnanand Maskeri : Petitioners/ and anr. Plaintiffs. Versus Smt.Mohini Sharangdhar Kaushi : Respondents/ and Anr. Defendants. Ms.S.P.Trivedi i/by A Bharat & Co. for the Plaintiffs. Smt.Anila Krishnanand Maskeri – Plaintiff No.1 present. Mr.Vinay Bhate i/by Shubhangi Vaidya for Defendant No.1. Mr.V.P.Sawant with Mr.Ajey Gadkari for Defendant No.2. CORAM : R.M.SAVANT, J DATED : DECEMBER 12, 2008 P.C. 1. The above Notice of Motion has been filed by the Defendant No.2 for the following reliefs :- (a) That the hearing of the Suit No.33 of 2003 may kindly be expedited. (b) In the alternative, the 2 evidence/statement of Smt.Mohini Sharangdhar Kaushik, the Defendant No.1 age about 84 years and Shri Vasantrao Katre, age about 88 years may kindly be recorded. 2. The parties are agreeable to the suit being expedited. 3. The parties are also agreeable to appointment of Ms.Dipti Bhuta as a Court Commissioner to record the evidence of Defendant No.1 and Shri Vasantrao Katre, both of whom are aged about 84 and 88 years respectively. The Parties are directed to approach the Court Commissioner within a period of two weeks from date. The Court Commissioner may thereafter fix the program of recoding the evidence as per her convenience. The parties have agreed to bear the expenses of the Court Commissioner in equal proportion. The Court Commissioner may submit her report within twelve weeks from date. 4. In view of the above, the Notice of Motion to stand disposed of. [R.M.SAVANT, J]