1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO.15/2009. (Kazi Syed Mohiuddin Vs. Syed Sharfuddin s/o Syed Shujauddin and Ors.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.SS Kazi, Advocate for petitioner; Mr.GR Syed, Adv. h/for Mr. JH Deshmukh, Adv. for Resp.Nos. 1 & 3. Mr. SAG Qureshi, Adv. for Respondent No.2 ___ CORAM : K.U.CHANDIWAL, J. DATE : 27 th January, 2010. ... 1) Heard. 2) The plaintiff made an application before the learned Presiding Officer, Wakf Tribunal to examine him on oath by a Commissioner for recording his further cross-examination, in respect of his contention. He has annexed medical certificate, indicating that the Medical Officer directed bed-rest of four weeks. 3) The learned Presiding Officer, considering the very medical 2 certificate, found that it was issued on 9.8.2008 and the four weeks' period expired long before and the matter was before the learned Presiding Officer on 2.1.2009. The learned Presiding Officer, consequently in the fact situation, rejected the application for examination on commission. 4) One should not be oblivious that the witness/plaintiff is under cross- examination by the advocate for defendant. To get him examined on commission, that too at Latur, will be definitely adding to the miseries of the Counsel representing the defendants and the Wakf Board, still the certificate is tendered. However, considering the ground realities, I do not see any reason in not accepting the contention of learned Presiding Officer to reject the application for appointment of Commissioner to get the evidence recorded on commission. No interference required in the order under challenge. 3 However, in order to facilitate smooth functioning of the trial, specific directions are required to be given. Accordingly, the plaintiff will himself make available before the learned Presiding Officer on 9th February, 2010. Respective Counsel for the defendants, will proceed to complete the cross- examination without any demur. Any slackness on the part of the defendants Counsel will entail in rejection of their defence. (K.U.CHANDIWAL) JUDGE bdv/cp15.09