: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 NOTICE NOTICE NOTICE OF MOTION NO. 1085 OF 2007 OF MOTION NO. 1085 OF 2007 OF MOTION NO. 1085 OF 2007 IN IN IN SUIT SUIT SUIT NO. 1997 OF 1997 NO. 1997 OF 1997 NO. 1997 OF 1997 Smt. Gomtidevi Agarwal & Ors. ... Plaintiffs. V/s. Smt. Suman Agarwal & Ors. ... Defendants. Mr. D.R. Singh for the Plaintiffs. Mr. R.V. Govilkar i/b. A.K. Maheshwari for Defendant No.1. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 18TH 18TH 18TH NOVEMBER 2008. NOVEMBER 2008. NOVEMBER 2008. P.C. P.C. P.C. : : : . This Motion is for interim relief in the Suit which is pending in this Court from 1997. The Suit was decreed but the decree came to be set aside by this Court and now, the Suit is placed for trial. The Motion seeks interim relief of appointment of Court Receiver. In the affidavit in support itself it is stated that such relief was claimed earlier but was not pressed. Now, the decree having been set aside and the Suit is to be tried afresh that the Motion is moved. I have suggested to both sides that the Suit of 1997 concerning a family dispute can itself proceed provided the parties agreed to go before the Commissioner for recording evidence. From the record it is apparent that the original documents are filed by the Plaintiff but the affidavit in lieu of examination in :2: chief is not filed. Mr. Singh appearing for the Plaintiff seeks time to file an affidavit in lieu of examination in chief. At his request, two weeks time is granted. After such an affidavit is filed and copy thereof is served, both sides agreed that the Commissioner be appointed for recording evidence. 2. Accordingly, Mr. Amol Chougule, Advocate is appointed as a Commissioner for recording evidence. Both sides agreed that his expenses will be shared by them. The Commissioner to record the evidence and submit a report within a period of 12 weeks from the date the affidavit in lieu of examination in chief is filed and a copy served on the other side. 3. The Motion is disposed of with liberty to apply for the same relief in case the recording of evidence does not conclude within the time stipulated as above. Needless to state that the First Defendant’s undertaking to this Court that she will not dispose off, part with possession or alienate the Suit Flat in any manner until the trial is concluded shall continue till further orders. 4. This order is passed in the presence of the First Defendant. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)